Fragmentation and the European Patent System - Karen Walsh; | Foyles Bookstore
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Fragmentation and the European Patent System
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Fragmentation and the European Patent System (Hardback)

Pre-order for despatch on publication.


This book provides an in-depth study on current perceptions of, and responses to, fragmentation in the European patent system (EPS). For decades, attempts have been made to address this fragmentation by introducing a unitary patent system. The most recent attempt, the EU unitary patent system, will be the first of its kind. It is expected to significantly change the EPS. However, rather than reducing existing fragmentation, it will likely add to it.

The author argues that the inherent nature of fragmentation within the EPS needs to be recognised and suggests that a multi-faceted approach is required to respond to it. Uniquely, it draws on work regarding fragmentation outside of the patent and intellectual property regimes, gaining insights from both European law-making and the international legal system.

These insights are used to investigate current responses to fragmentation in the EPS. Interpretations of substantive patent law are examined, including claim construction (Actavis v Eli Lily), exceptions to patentability related to uses of human embryos for industrial or commercial purposes (WARF, Brustle, ISCC) and products resulting from essentially biological processes (Broccoli and Tomatoes II, G3/19). Attempts towards convergence in these areas have had mixed results and in some instances fragmentation may be necessary. However, similar techniques to those applied in the international legal system to respond to fragmentation are being used in the EPS, and, where this is seen, it has been to good effect. It is argued that these methods should be recognised, structured, and promoted to make our response to fragmentation more effective.

This book will be of interest to academics, students and practitioners looking for a new perspective on the European patent system.

LawInternational lawLawLaws of Specific jurisdictionsIntellectual property lawPatents law Publisher: Bloomsbury Publishing PLC Publication Date: 14/07/2022 ISBN-13: 9781509939312  Details: Type: Hardback Format: Books
Availability: Pre-order for despatch on publication. Pre-Order

Karen Walsh is Lecturer in Law at the University of Exeter, UK.

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