Europos patentas: apsaugos ir teisių gynimo ypatumai

Abstract

Patent is monopoly right, which gives time-limited protection. Patents have duration of 20 years, calculated from the date of filling of the application. For this period the competition is stopped. Patent don’t guarantee commercial success, but it reflects novelty and inventive step. European patent granting system is autonomic, centralist and united system. European patent has several requirement. There are three criteria for patentability: novelty, inventive step, industrial applicability. If applicant decides to get a patent, he can choose national, European or international route. European patent is protection, which gives strong guarantees and united protection. European patent is granted, when an examination devision carried out substantive examination. Relation between national and European patent are shown by the peculiarity of the protection of the European patent. European patent is valid according to the same requirement like national patent. The oneness of the European patent according to the national patent emphasize following advantages: economy and efficiency, a strong patent and unitary in the contracting state. The patent issued in Lithuania compared to the European patent will be much weaker, because national patent is not going through the substantional exerpise. In this master’s degree work, we inspect peculiarity rights protection of the European patent. We discovered it by research and analysis of the problems of the jurisdiction. According to European patent Litigation Agreement, we discussed the peculiarity of the solvation of the European patent disputes. According to this agreement, European patent court must be established. Also we discussed the relationship between the Proposal for a Council Regulation on the Community patent 2000/C337E/45 and European Patent Convention (EPC). This Regulation will supplement the EPC by indicating Community territory instead of every countries. Community patent is unitary institute.