Patent Litigation in Europe

Abstract

This is the published version of the paper.This version of the publication may differ from the final published version. Overall, we find substantial differences across jurisdictions in terms of caseloadsnotably, courts in Germany hear by far the largest number of cases, not only in absolute terms, but also when taking macro-economic indicators into account-and we further find important cross-country variances in terms of case outcomes. Moreover, we show empirically that a considerable number of patents are litigated across multiple European jurisdictions; and further, that in the majority of these cases divergent case outcomes are reached across the different jurisdictions, suggesting that the long-suspected problem of inconsistency of decision-making in European patent litigation is in fact real. Finally, we note that the coming into force Permanent repository link

Regimes de dosagem em patentes de segundo uso médico

“…No EPO, um dos primeiros processos relacionado ao segundo uso terapêutico foi T 92/82 referente ao composto brometo de butoxibenzilhiosciamina contra surdez e zumbido 13,14 . O relatório descritivo indicava que a molécula já era conhecida por suas propriedades como agente antiulceroso e sofreu indeferimento pela Divisão de Exame por incidir em um método terapêutico, nos termos dos Artigos 52(4) e 54(1) da Convenção Europeia de Patentes (European Patent Convention -EPC) de 1973 10 .…”

Forewords

“…A quick look at the past issues of the European Journal of Law and Economics witnesses the previous assertion and we rather believe that, although having kept a steady attention to litigation, 1 some very interesting and seminal papers in their own field have been recently published, like Voigt (2016) supplying a broad review on the recent literature on judicial performance and Cremers et al (2017) extensively and exhaustively depicting the state of art of patent litigation in Europe.…”

Invalid But Infringed? An Analysis of Germany's Bifurcated Patent Litigation System

“…31 Details on the identification of multi-jurisdictional patent disputes can be found in Cremers et al (2013).…”

“…34 As parallel invalidity proceedings may be filed either before or after this time frame, we identified all invalidity actions filed against patents involved in an infringement proceeding and added these to our data. For more details and a breakdown of court cases by court see Cremers et al (2013). 35 For oppositions to the grant of DE patents, we obtained only data for our sample of patents that are involved in infringement actions.…”

“…7 Cremers et al (2013) show that depending on how cases are counted (e.g. counting infringement and invalidity cases as separate cases or not) the total number of patent cases in Germany is between 12 and 29 times larger than in the UK.…”