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Technical areas of Directorate 2.4.22

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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Technical areas of Directorate 2.4.22

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  1. 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

  2. Technical areas of Directorate 2.4.22 Aerospace Seals Hydraulics Valves and... Railway engineering

  3. Shipbuilding B63BShips or other waterborne vessels, equipment for shipping Shape and construction of hull "Axe bow" hull Hydroplane

  4. 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)

  5. 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

  6. 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

  7. Shipbuilding B63GOffensive or defensive arrangements on vessels;mine-laying; mine-sweeping;submarines; aircraft carriers

  8. Shipbuilding B63HMarine propulsion or steering Propellers (here with logarithmically curved blades) Sails (here a 3D sail with polymeric tapes) Improved rowing boats

  9. Shipbuilding B63HMarine propulsion or steering Rudders (here with rear flap control) Outboard motors (here with coaxial propellers and swivel bracket)

  10. Shipbuilding B63HMarine 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. revenuefrom fees covers operatingand 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 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.

  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

  21. Need more information? www.epo.org info@epo.org Tel. + 49 (0)89 2399 - 4636 glord@epo.org Tel. + 49 (0)89 2399 - 2422

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