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17/02/2014 The role of the European Patent Office and patenting in Europe Protection of knowledge in the shipbuilding industry Workshop on Intellectual.

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Presentation on theme: "17/02/2014 The role of the European Patent Office and patenting in Europe Protection of knowledge in the shipbuilding industry Workshop on Intellectual."— Presentation transcript:

1 17/02/2014 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 26 March 2010

2 Hydraulics Valves Seals and... Railway engineering Technical areas of Directorate Aerospace

3 Shipbuilding B63B Ships or other waterborne vessels, equipment for shipping Hydroplane Shape and construction of hull "Axe bow" hull

4 Shipbuilding B63B Ships or other waterborne vessels, equipment for shipping Pool-type anchor Anchoring/mooring Turret mooring (for oil drilling installations) all kinds of (floating) buoys

5 Shipbuilding B63B Ships or other waterborne vessels, equipment for shipping Techniques for loading and storing containers on large transport ships The loading and arrangement of (prefabricated) cabins aboard cruise ships Surfboards, with or without sail

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 objects

7 Shipbuilding B63G Offensive or defensive arrangements on vessels; mine-laying; mine-sweeping; submarines; aircraft carriers

8 Shipbuilding B63H Marine propulsion or steering Sails (here a 3D sail with polymeric tapes) Propellers (here with logarithmically curved blades) Improved rowing boats

9 Shipbuilding B63H Marine propulsion or steering Rudders (here with rear flap control) Outboard motors (here with coaxial propellers and swivel bracket)

10 Shipbuilding B63H Marine propulsion or steering Electric or hybrid propulsion (here combined with electrical energy supply to ship network)

11 Strong growth in shipbuilding applications

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 institution Self-financing, i.e. revenue from fees covers operating and capital expenditure

14 36 member states Austria 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 Kingdom European patent applications and patents can also be extended at the applicant's request to the following states: Albania Bosnia-Herzegovina Montenegro Serbia Albania will become the 37th member state on 1 May 2010

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 EPO –via the national patent offices of the contracting states –based on an international (PCT) application We are also responsible for –limitation and revocation proceedings by patentees –opposition proceedings by third parties –appeal proceedings before the Boards of Appeal

16 Other services Free online services –filing –fee payment –file inspection –tracking of legal status of applications Free patent information services –online access to all European patent documents (updated weekly) –simple online searches in our database of over 60 million patent applications –helpdesk staffed by experts on the Japanese, Chinese and Korean patent systems Training –conferences –workshops and seminars –e-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 years –for a specific geographic area

18 Paris Convention In 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. Article 5ter Patented Devices Forming Part of Vessels, Aircraft, or Land Vehicles

19 EU Patent Dec. 2009: Agreement by Ministers in Competitive Council on "political general approach" on a draft EU Patent Regulation Key elements –Co-existence of national, European and EU patents –EU Patent created through adoption of EU Regulation –Accession of the EU to the EPC, Granting of EU patents by EPO –Common granting procedure for European and Community patents - determination by applicant at the granting stage –Creation 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" procedure Translation provisions put into a separate EU Regulation, but: –Unanimity required in Council + consultation of EU Parliament –Entry into force paired with that of EU Patent Regulation

20 European and European Union Patent Court Efforts to create a centralised EU specialised Patent Court –for both European and EU patents –Exclusive jurisdiction: infringement + validity post-grant –Powers to order damages, compensation, provisional and protective measures Structure: –Court of First Instance: central + local/regional divisions –Centralised 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 only EPO supports both the EU patent and EEUPC initiatives

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