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Patentability of biotechnological inventions according to European patent convention
Macháček, Roman ; Pítra, Vladimír (advisor) ; Růžička, Michal (referee)
Title: Patentability of biotechnological inventions under European Patent Convention The topic of thesis is the patentability of biotechnological inventions under the European Patent Convention (Munich, 1973) (hereinafter the "EPC") with special emphasis on decision making practices of the European Patent Office. At the beginning, the author deals with general patent law, in particular with fundamental substantive conditions of patentability of inventions, both positive and negative. A brief explanation is then devoted to the definition of biotechnological science and biotechnological invention. In the subsequent part of the thesis, the author discusses the sources of patent law in general and in relation to biotechnological inventions. The chapter is divided into three parts - international, European and national sources. Discussion regarding European sources is split into two subsections dealing with EPC and EU law. The author examines in particular the complicated legislative procedure for the adoption of the Directive 98/44/EC of the European Parliament and of the Council dated 6th July 1998 on the legal protection of biotechnological inventions and its impact on European patent law. National sources address primarily imperfect transposition of Directive 98/44/EC into the Czech law. The next chapter is...
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Patentability of biotechnological inventions according to European patent convention
Macháček, Roman ; Pítra, Vladimír (advisor) ; Růžička, Michal (referee)
Title: Patentability of biotechnological inventions under European Patent Convention The topic of thesis is the patentability of biotechnological inventions under the European Patent Convention (Munich, 1973) (hereinafter the "EPC") with special emphasis on decision making practices of the European Patent Office. At the beginning, the author deals with general patent law, in particular with fundamental substantive conditions of patentability of inventions, both positive and negative. A brief explanation is then devoted to the definition of biotechnological science and biotechnological invention. In the subsequent part of the thesis, the author discusses the sources of patent law in general and in relation to biotechnological inventions. The chapter is divided into three parts - international, European and national sources. Discussion regarding European sources is split into two subsections dealing with EPC and EU law. The author examines in particular the complicated legislative procedure for the adoption of the Directive 98/44/EC of the European Parliament and of the Council dated 6th July 1998 on the legal protection of biotechnological inventions and its impact on European patent law. National sources address primarily imperfect transposition of Directive 98/44/EC into the Czech law. The next chapter is...
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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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