The Role of Patent Quality in Europe
TECHNOLOGY AND COMPETITION: CONTRIBUTIONS IN HONOUR OF HANNS ULLRICH, pp. 91-121, Josef Drexl, Reto M. Hilty, Laurence Boy, Christine Godt, Bernard Remiche, eds., Larcier, Bruxelles, 2009
32 Pages Posted: 26 Oct 2011
Date Written: July 1, 2009
Presently, there is increasing debate about patent quality, not only in the U.S., but also in Europe. After a brief introduction to the complex issue of patent quality, we will illustrate some differentiations in, or make observations on, the current European patent system and the statutory requirements. Then, we will discuss some possible remedies within the patent system and other corrective measures. We will therefore repeatedly look to the U.S., as the problems of patent quality seem to be more urgent there. Though the systems differ in some respects, they are comparable on the major points. Moreover, because of the competition of the patent systems, we might be able to see the advantages and disadvantages of the European system more clearly. We will conclude with an evaluation of the proposals.
Keywords: European patent system, US patent system, patent quality, compulsory license, inventive step, overprotection, opposition system, patent examination, patent claims
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