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Publications 2007

Infringement and Claim Construction: Towards a French File Wrapper Estoppel?

Patent infringement cases generally rely on the issue of claim construction. The crucial question facing the Courts is whether a specific feature of the claims is limited to the actual recitation of the claims or whether it actually may be extended to other embodiments. The French Courts tended to be reluctant to consider...
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How To Prove Infringement In France? The Infringement Seizure

The infringement seizure is a provision of the French Intellectual Property Code (IPC) which enables a Patentee, Applicant or Exclusive Licensee to obtain material evidence of infringement in view of a legal action. The infringement seizure is authorized by an order issued by the Court having territorial jurisdiction as regards...
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Contributory Infringement In France

Contributory infringement is provided in Article L.613-4 CPI which provides: “ It shall be prohibited, save consent by the owner of the patent, to supply or offer to supply, on French territory, to a person other than a person entitled to work the patented invention, the means of implementing, on that territory, the invention...
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EPC 2000 : Changes In European Patent Law

A revised version of the European Patent Convention (EPC 2000) will enter into force on 13 December 2007. Amendments will affect many aspects of the European proceedings, the followings being in our view of particular relevance to the practitioners and applicants: Filing of European patent applications The requirements for the...
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Swiss-Type Claims, From Medical To Surgery – The Stent Example.

Historically, the milestone decision G 5/83 of the Enlarged Board of Appeals of the European Patent Office (EPO) was the starting point for the worldwide use of the “Swiss-type claims” in countries where methods of medical treatment are excluded from patentability. The novelty of such claims is now explicitly provided for in...
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