10/04/23

The role of the European Patent Office and patenting in Europe

Protection of knowledge in the shipbuilding industryWorkshop on Intellectual Property Rights

Gareth Lord, DirectorDirectorate 2.4.22 HamburgVehicles and General Technology 26 March 2010

Hydraulics

Valves

Seals

and...Railway engineering

Technical areas of Directorate 2.4.22Aerospace

Shipbuilding B63BShips or other waterborne vessels, equipment for shipping

Hydroplane

Shape and construction of hull

"Axe bow" hull

Shipbuilding B63BShips or other waterborne vessels, equipment for shipping

Pool-type anchor

Anchoring/mooring

Turret mooring(for oil drilling installations)

all kinds of(floating) buoys

Shipbuilding B63BShips or other waterborne vessels, equipment for shipping

Techniques for loading and storingcontainers on largetransport ships

The loading and arrangementof (prefabricated) cabinsaboard cruise ships

Surfboards,with or without sail

Shipbuilding B63CLaunching, hauling-out, or dry-docking of vessels;Life-saving in water; Equipment for dwelling or working under water;Means for salvaging or searching for underwater objects

Shipbuilding B63G Offensive or defensive arrangements on vessels;mine-laying; mine-sweeping;submarines; aircraft carriers

Shipbuilding B63H Marine propulsion or steering

Sails (here a 3D sailwith polymeric tapes)

Propellers (herewith logarithmically curved blades)

Improved rowing boats

Shipbuilding B63H Marine propulsion or steering

Rudders (here with rear flap control)

Outboard motors (here with coaxialpropellers and swivel bracket)

Shipbuilding B63H Marine propulsion or steering

Electric or hybrid propulsion(here combined with electrical energy supply to ship network)

Strong growth in shipbuilding applications

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Locations

The EPO has offices at

five different locations.

Its headquarters are in Munich.

Autonomy

Second largest intergovernmental institution in Europe

Not an EU institution

Self-financing, i.e. revenuefrom fees covers operatingand capital expenditure

36 member states

Austria • Belgium • Bulgaria • Croatia • Cyprus • Czech Republic • Denmark • Estonia • Finland • France • Germany •Greece • Hungary • Iceland • Ireland • Italy • Latvia • Liechtenstein • Lithuania •Luxembourg • Former Yugoslav Republic of Macedonia • Malta • Monaco • Netherlands • Norway • Poland • Portugal • Romania • San Marino • Slovakia • Slovenia • Spain • Sweden • Switzerland • Turkey • United Kingdom

European patent applications and patents can also be extended at the applicant's request to the following states:

Albania • Bosnia-Herzegovina • Montenegro • Serbia

Albania will become the 37th member state on 1 May 2010

Our role in the European patent system

We provide patent protection in up to 40 European countries based on a single application in one of the three official languages (German, English, French)

European patent applications can be filed:

– direct with the EPO

– via the national patent offices of the contracting states

– based on an international (PCT) application

We are also responsible for

– limitation and revocation proceedings by patentees

– opposition proceedings by third parties

– appeal proceedings before the Boards of Appeal

Other services

Free online services

– filing

– fee payment

– file inspection

– tracking of legal status of applications

Free patent information services

– online access to all European patent documents (updated weekly)

– simple online searches in our database of over 60 million patent applications

– helpdesk staffed by experts on the Japanese, Chinese and Korean patent systems

Training

– conferences

– workshops and seminars

– e-learning

What is a patent?

A patent is a legal title granting its holder the right to prevent third parties from commercially using an invention without authorisation.

In return for this protection, the holder has to disclose the invention to the public.

Protection is granted:

– for a limited period, generally 20 years

– for a specific geographic area

Paris Convention

In any country of the Union the following shall not be considered as infringements of the rights of a patentee:

(i) the use on board vessels of other countries of the Union of devices forming the subject of his patent in the body of the vessel, in the machinery, tackle, gear and other accessories, when such vessels temporarily or accidentally enter the waters of the said country, provided that such devices are used there exclusively for the needs of the vessel;

(ii) the use of devices forming the subject of the patent in the construction or operation of aircraft or land vehicles of other countries of the Union, or of accessories of such aircraft or land vehicles, when those aircraft or land vehicles temporarily or accidentally enter the said country.

Article 5terPatented Devices Forming Part of Vessels, Aircraft, or Land Vehicles

EU Patent

• Dec. 2009: Agreement by Ministers in Competitive Council on "political general approach" on a draft EU Patent Regulation

• Key elements– Co-existence of national, European and EU patents– EU Patent created through adoption of EU Regulation– Accession of the EU to the EPC, Granting of EU patents by EPO– Common granting procedure for European and Community patents -

determination by applicant at the granting stage– Creation of a centralised, specialised litigation system for both

European and EU patents: "EEUPC"• EU Patent Regulation: to be adopted by qualified majority under "co-

decision" procedure• Translation provisions put into a separate EU Regulation, but:

– Unanimity required in Council + consultation of EU Parliament– Entry into force paired with that of EU Patent Regulation

European and European Union Patent Court

• Efforts to create a centralised EU specialised Patent Court – for both European and EU patents – Exclusive jurisdiction: infringement + validity post-grant– Powers to order damages, compensation, provisional and

protective measures

• Structure:– Court of First Instance: central + local/regional divisions– Centralised Court of Appeal (multinational composition of judges,

including technically qualified judges in both tiers)– Referrals to ECJ for Preliminary Ruling on questions of

interpretation of Community law only

EPO supports both the EU patent and EEUPC initiatives

Need more information?

www.epo.org

info@epo.org

Tel. + 49 (0)89 2399 - 4636

glord@epo.org

Tel. + 49 (0)89 2399 - 2422