By Ulrich Storz, Martin Quodbach, Scott D. Marty, Derek E. Constantine, Matthew Parker
SpringerBriefs in Biotech Patents offers well timed reviews on highbrow homes (IP) matters and patent points within the box of biotechnology. This quantity specialize in specific points of the U.S. patent legislations, that could have large ameliorations in comparison to the ecu legislation. This comprises questions of biopatent prosecution, novelty, artistic step, written disclosure and sufficiency of enablement in addition to questions of legislation enforcement of biotech patents.
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Extra info for Biopatent Law: European vs. US Patent Law
The invention can be in public use or on sale in a foreign country more than one year before filing without triggering this particular bar. Additionally, the ‘‘on sale’’ bar applies to actual sales or offers to sell; but it only applies to actual sales of or offers to sell the invention itself—the underlying object being patented. It does not apply to actual sales of or offers to sell the rights or licenses to the invention. An applicant can offer to sell or actually sell her intellectual property 29 Under US copyright law, two separate authors can have a copyright to the same work if both authors completely independently created the work—not realizing that a duplicate work was created elsewhere.
Sometimes, the patentee can come up with indications for an infringement, but such information might not meet his burden of proof under the applicable national law. Beside the established measures to ensure the national enforcement of intellectual property rights, the IPR Enforcement Directive deals with requirements to strengthen the patent owner in a pretrial stadium. Art. 6 Sect. 1 stipulates that the Member States shall ensure that, on application by a party which has presented reasonably available evidence sufficient to support its claims, and has, in substantiating those claims, specified evidence which lies in the control of the opposing party, the competent judicial authorities may order that such evidence be presented by the opposing party, subject to the protection of confidential information.
Law Enforcement of Biotech Patents 33 The decision Gat v LuK17 ruled that on basis of Art. 4 of the Brussels I Convention cross-border injunctions have to respect the exclusive competence of a national court to decide on the validity of a patent in an infringement case (as stipulated for example in France and in the UK). Such a scenario indeed does not make it attractive to pursue cross-border injunctions because of the delay of a lawsuit that will occur if the defendant raises a validity objection.
Biopatent Law: European vs. US Patent Law by Ulrich Storz, Martin Quodbach, Scott D. Marty, Derek E. Constantine, Matthew Parker