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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 2.4.22 Hamburg Vehicles and General Technology 26 March 2010

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The role of the European Patent Office and patenting in EuropeProtection of knowledge in the shipbuilding industryWorkshop on Intellectual Property RightsGareth Lord, DirectorDirectorate 2.4.22 HamburgVehicles and General Technology 26 March 2010

technical areas of directorate 2 4 22
Technical areas of Directorate 2.4.22

Aerospace

Seals

Hydraulics

Valves

and...

Railway engineering

shipbuilding b63b ships or other waterborne vessels equipment for shipping
Shipbuilding B63BShips or other waterborne vessels, equipment for shipping

Shape and construction of hull

"Axe bow" hull

Hydroplane

shipbuilding b63b ships or other waterborne vessels equipment for shipping4
Shipbuilding B63BShips or other waterborne vessels, equipment for shipping

Anchoring/mooring

Pool-type anchor

all kinds of

(floating) buoys

Turret mooring

(for oil drilling installations)

shipbuilding b63b ships or other waterborne vessels equipment for shipping5
Shipbuilding B63BShips 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

slide6

Shipbuilding B63CLaunching, 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

slide7
Shipbuilding B63GOffensive or defensive arrangements on vessels;mine-laying; mine-sweeping;submarines; aircraft carriers
shipbuilding b63h marine propulsion or steering
Shipbuilding B63HMarine propulsion or steering

Propellers (here

with logarithmically curved blades)

Sails (here a 3D sail

with polymeric tapes)

Improved rowing boats

shipbuilding b63h marine propulsion or steering9
Shipbuilding B63HMarine propulsion or steering

Rudders (here with rear flap control)

Outboard motors (here with coaxial

propellers and swivel bracket)

shipbuilding b63h marine propulsion or steering10
Shipbuilding B63HMarine propulsion or steering

Electric or hybrid propulsion

(here combined with electrical energy supply to ship network)

locations
Locations

The EPO has offices at

five different locations.

Its headquarters are in Munich.

autonomy
Autonomy
  • Second largest intergovernmental institution in Europe
  • Not an EU institution
  • Self-financing, i.e. revenuefrom fees covers operatingand capital expenditure
36 member states
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

our role in the european patent system
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
other services
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
what is a patent
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
paris convention
Paris Convention

Article 5terPatented Devices Forming Part of Vessels, Aircraft, or Land Vehicles

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.

eu patent
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
european and european union patent court
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

need more information
Need more information?

www.epo.org

info@epo.org

Tel. + 49 (0)89 2399 - 4636

glord@epo.org

Tel. + 49 (0)89 2399 - 2422