This concise introduction to European patent law and global patent perspectives combines the legal and economic perspectives to adopt a unique approach that serves both inventors, engineers and scientists as well as financiers and economists. Written by experts with first hand knowledge, this book is completely up to date, taking into account recent additions to European patent law, especially in the field of biotechnology and genetics. While concentrating on the EU, the world perspective is nevertheless represented, including US particularities. The result is a set of guidelines allowing readers to develop a holistic patent strategy suitable for their specific needs. It is useful for scientists, engineers, managers and financiers in the chemical industry.
Claas Junghans studied chemistry at the Technical University of Berlin, Germany, and completed his Ph.D. in molecular biology at the Free University of Berlin. He obtained additional qualifications in economics from Hagen Open University and a degree (Magister) in corporate legal protection from Humboldt University, Berlin. From 1997 to 2003, he served as Chief Operational Officer of Mologen AG, responsible for intellectual property protection and corporate strategy. He has obtained the qualification as European Patent Attorney and is currently independent partner of several businesses. Adam Levy has a Natural Sciences degree from Cambridge University and an MBA from INSEAD, Paris, and has held senior management positions in several biotechnology companies.
Preface. Authors. Abbreviations. 1 Terminology (Claas Junghans). 1.1 The Terms of Patenting. 1.2 Business Brief. 2 The Economic Objectives of Protection (Claas Junghans). 2.1 Filing Strategy. 2.2 Claim Breadth: The Scope of the Desired Protection. 2.3 Factors Influencing Filing Strategy andClaim Breadth. 2.4 Financial Resources and Attitude Towards Risk. 2.5 Business Brief. 3 Patenting (Claas Junghans). 3.1 Preparation. 3.2 Drafting the Patent Application. 3.3 Prosecution. 3.4 Strategy. 3.5 Conflict. 3.6 Business Brief. 4 Ownership (Rolf Sander). 4.1 The Rights of the Inventor. 4.2 DisputedOwnership. 4.3 Employee or Service Inventions. 5 Trademarks and Designs (Tobias Boeckh). 5.1 Protection of Distinctive Marks. 5.2 Designs. 6 Licensing (Jan Dirk Heerma). 6.1 Licence Agreements - an Overview. 6.2 Sub-Licences. 6.3 Up-Front Payments. 6.4 Milestone Payments. 6.5 Non-Cash Consideration. 6.6 Taxation of Consideration. 6.7 Representations andW arranties. 6.8 Maintenance andProsecution of IP Rights. 6.9 Confidentiality. 6.10 Competition Law. 6.11 Governing Law andDispute Resolution. 6.12 Negotiating Licence Agreements. 6.13 Business Brief. 7 Starting up and Financing Your Venture (Adam Levy). 7.1 Risk, Return andControl. 7.2 Strategy. 7.3 Company Formation. 7.4 The Business Plan. 7.5 Financial Forecasting andV aluation. 7.6 Financing the Venture. 7.7 Negotiation. 8 The Importance of Business Structures to the Exploitation of IP (Christoph Regierer). 8.1 Legal Forms of Transferring IP Ownership. 8.2 Intellectual Property andF inancial Reporting. 8.3 Tax Aspects. 9 List of Annexes. Annex 1 Paris Convention for the Protection of Industrial Property (January 3rd, 2005). Annex 2 PCT Contracting States (as of July 7th, 2005). Annex 3 EPO member states andextension states as of July 2005. Annex 4 Nice Classification of goods and services (8th edition) - Headings Goods and Services. Annex 5 International Classification for Industrial Designs under the Locarno Agreement - Headings Goods and Services. Annex 6 European Community Member States. Annex 7 Member countries of the Madrid Agreement and Madrid Protocol. Annex 8 ARIPO member states. Annex 9 OAPI member states. Annex 10 Country Codes. Index.
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