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European Patent Judiciary
Holá, Jitka ; Svoboda, Pavel (advisor) ; Pítra, Vladimír (referee) ; Smolek, Martin (referee)
The dissertation examines current European patent court system and the possibilities of its improvement. First of all it identifies main problems of the existing fragmented patent litigation and in response to those findings, examines possible solutions to the situation. First, it deals with the possibility of adopting certain measures to improve the current situation, while maintaining the current system, in which national courts remain competent in patent disputes. The second option is linked to the issue of creating new specialized European patent jurisdiction. Thus the dissertation chronologically analyses individual legislative proposals and documents on the creation of a specialized European patent court system at supranational (EU) and international level. Namely Community Patent Convention (1975), Protocol on Litigation to the Agreement relating to Community Patents (1989), draft EPLA (European Patent Litigation Agreement 2003), proposals on decisions establishing Community Patent Court (2003) and draft Agreement on the European and Community Patents Court (2009). Separate section is devoted to the most recent Agreement on Unified Patent Court opened only to EU Member States, which was signed early in 2013 by most of them. The main objective of the research is to answer the question whether...
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The European patent
Hlavenková, Pavlína ; Pítra, Vladimír (advisor) ; Růžička, Michal (referee)
This master thesis deals with the European Patent System. The aim of this thesis is to provide the reader with a complex review of the Patent Law at the european level from its early beginning, when in the 70's was signed the European Patent Convention at the Munich Diplomatic Conference, up to the present. The thesis is systematically divided into five chapters and each chapter also contains several subchapters. The first chapter is dedicated to historical development of the European Patent. In the second chapter there is a brief description of the European Patent Convention and its two most important revisions. The third, most extensive chapter is dedicated to the European Patent Organisation which was founded in 1977 on the legal basis of the European Patent Convention. I deal especially with its two fundamental bodies - the European Patent Office and the Administrative Council. There is also a definition of the term of patentability as it is regulated by European Patent Convention and a characteristic of the European Patent Application. A separate subsection of the third section focuses on the patent granting procedure in front of the European Patent Office. I deal also with the character of the European Patent as such, I try to critically evaluate its biggest deficiencies but also to point...
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European patent with unitary effect and the impact on the patent applicant and his competitors
Warchalová, Kamila ; Boháček, Martin (advisor) ; Čada, Karel (referee)
This diploma thesis is dedicated to the European patent with unitary effect and reviews effects of the approval of the unitary patent package for clarity, time demands and financial aspects of patent protection. The thesis also deals in detail with assessment of changes in the language question in connection with the regulation of translation or in the event of a dispute concerning a European patent with unitary effect. It further assess changes resulting from the ratification of the Agreement on a Unified Patent Court and its impact on financial costs and time demands of patent litigation for the patent applicant. In the practical part the author conducts a party interested in unitary patent protection through the process, procedure for filing and communication with Industrial Property Office and the European Patent Office, from the filing of a application for a Unitary patent until the grant of a Unitary patent.
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