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Exclusions from patentability - European, Czech and British perspective
Valešová, Lenka ; Dobřichovský, Tomáš (advisor) ; Žikovská, Petra (referee)
The purpose of the thesis is to analyse exclusions and exceptions from patentability which is a negative requirement for an invention to enjoy a patent protection. It aims to answer the question why the exclusions are needed and whether they should be preserved as some of them proved to be very controversial. The law and practice of the European Patent Office, the Czech Republic and the United Kingdom are compared with the emphasis on the European Patent Convention and the EPO's case law. In the national regulation, mainly the differences and peculiarities to the European approach are pointed out. The work is composed of four chapters. The first chapter explains the basic concepts of patent law and presents justifications for patent protection. The second chapter deals with various patent systems and reviews the most important international tools of harmonization. In the third chapter, the exclusions are introduced and the distinction between Article 52(2) and (3) EPC (exclusions) and Article 53 (exceptions) is clarified whereas it is submitted that the difficulty posed by the exclusions lies in the interpretation of the words "as such" used in Article 52(3) EPC. The main focus of the thesis lies in chapter four which is subdivided into nine subchapters, each discussing one of the exclusions and...
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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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Terms of patentability in the law of selected states and in international law
Babjaková, Natália ; Boháček, Martin (advisor) ; Čada, Karel (referee)
Thesis deals with the patentability of an invention in terms of the law of selected countries and international law. The theoretical part contains a general introduction of patent law, its principles and differences in regulation in selected legal systems. Further analysis is focused on the regulation of conditions of patentability, namely novelty, in European law. The practical part contains an analysis of the decisions of the European Patent Office and the Industrial Property Office of the Czech Republic in selected areas of assessing the novelty of the invention. On the ground of the previous decisions will be identified the issues which are the most frequent subjects of disputes; will be pointed out the controversial decisions and will be identified the key criteria on the basis of which should be in similar disputes in the future decided.
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