This course covers the functioning of the patent system, the protection of trade secrets as a means of providing incentives for innovation and the creation of a market for solutions to technical problems. The issue of patentability, scope of protection, infringement, defences to infringement and limitations will be covered in the context of the European Patent Convention and national legal systems, including the US. Furthermore, case law from the European Patent Office Technical Boards and national legal systems, including the US, will be covered. As such the prime focus of this course is substantive patent law (Arts. 52-57 EPC) and an introduction to patent litigation. Taught by: Dr. Bart van Wezenbeek (V.O. Patents & Trademarks, The Hague); Yannis Skulikaris (European Patent Office, The Hague); Dr. Cees Mulder (UM)
At the end of this course, the student can place the European Patent Convention in an international and national perspective, is able to describe the role and function of international institutions (EPO, USPTO) and instruments (PC, PLT, PCT, TRIPS, EPC, US Patent Act, EC Directives and Regulations, America Invents Act), will be conversant with concepts such as priority, novelty, inventive step and technical applicability and is able to take the first steps in terms of patent litigation (claim interpretation and scope of protection).
Standard literature plus additional materials (e.g. Judge Rich – His Life and Legacy Revisited’; Brinkhof, ‘ Extent of Protection: Are the National Differences Eliminated?’; Brinkhof and Hermans, ‘Patent Law in the Netherlands’; etc.)