Presentation on theme: "The role of the European Patent Office and patenting in Europe Protection of knowledge in the shipbuilding industry Workshop on Intellectual Property."— Presentation transcript:
1 The role of the European Patent Office and patenting in Europe Protection of knowledge in the shipbuilding industry Workshop on Intellectual Property Rights Gareth Lord, Director Directorate Hamburg Vehicles and General Technology March 201028/03/2017
2 Technical areas of Directorate 2.4.22 AerospaceSealsHydraulicsValvesand...Railway engineering
3 Shape and construction of hull Shipbuilding B63B Ships or other waterborne vessels, equipment for shippingShape and construction of hull"Axe bow" hullHydroplane3
4 Shipbuilding B63B Ships or other waterborne vessels, equipment for shipping Anchoring/mooringPool-type anchorall kinds of(floating) buoysTurret mooring(for oil drilling installations)4
5 Shipbuilding B63B Ships or other waterborne vessels, equipment for shipping Techniques forloading and storingcontainers on largetransport shipsThe loading and arrangementof (prefabricated) cabinsaboard cruise shipsSurfboards,with or without sail5
6 Shipbuilding B63C Launching, hauling-out, or dry-docking of vessels; Life-saving in water; Equipment for dwelling or working under water; Means for salvaging or searching for underwater objects6
7 Shipbuilding B63G Offensive or defensive arrangements on vessels; mine-laying; mine-sweeping; submarines; aircraft carriers7
8 Shipbuilding B63H Marine propulsion or steering Propellers (herewith logarithmically curved blades)Sails (here a 3D sailwith polymeric tapes)Improved rowing boats8
9 Shipbuilding B63H Marine propulsion or steering Rudders (here with rear flap control)Outboard motors (here with coaxialpropellers and swivel bracket)9
10 Shipbuilding B63H Marine propulsion or steering Electric or hybrid propulsion(here combined with electrical energy supply to ship network)10
12 Locations The EPO has offices at five different locations. Its headquarters are in Munich.
13 Autonomy Second largest intergovernmental institution in Europe Not an EU institutionSelf-financing, i.e. revenue from fees covers operating and capital expenditure
14 36 member statesAustria • Belgium • Bulgaria • Croatia • Cyprus • Czech Republic • Denmark • Estonia • Finland • France • Germany • Greece • Hungary • Iceland • Ireland • Italy • Latvia • Liechtenstein • Lithuania • Luxembourg • Former Yugoslav Republic of Macedonia • Malta • Monaco • Netherlands • Norway • Poland • Portugal • Romania • San Marino • Slovakia • Slovenia • Spain • Sweden • Switzerland • Turkey • United KingdomEuropean patent applications and patents can also be extended at the applicant's request to the following states:Albania • Bosnia-Herzegovina • Montenegro • SerbiaAlbania will become the 37th member state on 1 May 201014
15 Our role in the European patent system We provide patent protection in up to 40 European countries based on a single application in one of the three official languages (German, English, French)European patent applications can be filed:direct with the EPOvia the national patent offices of the contracting statesbased on an international (PCT) applicationWe are also responsible forlimitation and revocation proceedings by patenteesopposition proceedings by third partiesappeal proceedings before the Boards of Appeal
16 Other services Free online services filing fee payment file inspection tracking of legal status of applicationsFree patent information servicesonline access to all European patent documents (updated weekly)simple online searches in our database of over 60 million patent applicationshelpdesk staffed by experts on the Japanese, Chinese and Korean patent systemsTrainingconferencesworkshops and seminarse-learning
17 What is a patent?A patent is a legal title granting its holder the right to prevent third parties from commercially using an invention without authorisation.In return for this protection, the holder has to disclose the invention to the public.Protection is granted:for a limited period, generally 20 yearsfor a specific geographic area
18 Paris ConventionArticle 5ter Patented Devices Forming Part of Vessels, Aircraft, or Land VehiclesIn any country of the Union the following shall not be considered as infringements of the rights of a patentee:(i) the use on board vessels of other countries of the Union of devices forming the subject of his patent in the body of the vessel, in the machinery, tackle, gear and other accessories, when such vessels temporarily or accidentally enter the waters of the said country, provided that such devices are used there exclusively for the needs of the vessel;(ii) the use of devices forming the subject of the patent in the construction or operation of aircraft or land vehicles of other countries of the Union, or of accessories of such aircraft or land vehicles, when those aircraft or land vehicles temporarily or accidentally enter the said country.
19 EU PatentDec. 2009: Agreement by Ministers in Competitive Council on "political general approach" on a draft EU Patent RegulationKey elementsCo-existence of national, European and EU patentsEU Patent created through adoption of EU RegulationAccession of the EU to the EPC, Granting of EU patents by EPOCommon granting procedure for European and Community patents - determination by applicant at the granting stageCreation of a centralised, specialised litigation system for both European and EU patents: "EEUPC"EU Patent Regulation: to be adopted by qualified majority under "co-decision" procedureTranslation provisions put into a separate EU Regulation, but:Unanimity required in Council + consultation of EU ParliamentEntry into force paired with that of EU Patent Regulation
20 European and European Union Patent Court Efforts to create a centralised EU specialised Patent Courtfor both European and EU patentsExclusive jurisdiction: infringement + validity post-grantPowers to order damages, compensation, provisional and protective measuresStructure:Court of First Instance: central + local/regional divisionsCentralised Court of Appeal (multinational composition of judges, including technically qualified judges in both tiers)Referrals to ECJ for Preliminary Ruling on questions of interpretation of Community law onlyEPO supports both the EU patent and EEUPC initiatives
21 Need more information? www.epo.org email@example.com Tel (0)Tel (0)
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