Patent Infringement In Europe In Middlesex
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Oppositions that the subject-matter of the patent is not patentable within the terms of Articles 52-57 EPC, that the invention is not disclosed clearly and completely enough for a person skilled in the art to carry it out, that the patent's subject-matter extends beyond the content of the application as filed.
A U.S. patent holder can block importation and sale of an infringing machine, manufacture or composition of matter in the U.S. and can sue for damages. Suit can be brought against foreign companies in U.S. federal court, so long as the patent holder can serve the infringer.
Blocking innovation The most general argument against patents is that "intellectual property" in all its forms represents an effort to claim something that should not be owned, and harms society by slowing innovation and wasting resources.
An employees' group at the European Patent Office has accused management of putting its patent examiners under such pressure with an efficiency drive that their health is at risk — and it wants an independent investigation into a string of suicides.
Polaroid took Kodak to court in 1976, accusing it of infringing on 12 patents relating to instant photography. The pioneering instant camera and film company, now defunct, sought $12 billion in damages, a staggering sum even by today's standards.
Since the rights granted by a U.S. patent extend only throughout the territory of the United States and have no effect in a foreign country, an inventor who wishes patent protection in other countries must apply for a patent in each of the other countries or in regional patent offices.
The European Patent Organisation's 39 member states have entrusted the European Patent Office (EPO) with the examination of European patent applications and the grant of European patents. Examination is performed in strict ance with the law set by these member states: the European Patent Convention (EPC).
The European Patent Office is not a legal entity as such, but an organ of the European Patent Organisation, which has a legal personality.
Start by identifying the potential infringement, consult with a patent lawyer, potentially send a cease and desist letter, and if necessary, file a patent infringement lawsuit. Each step is crucial in effectively protecting your intellectual property rights and preventing further unauthorized use of your invention.