Fragmentation and the European Patent System

This book provides an in-depth study on current perceptions of, and responses to, fragmentation in the European patent system (EPS). It argues that the inherent nature of fragmentation within the EPS needs to be recognized and suggests that a multifaceted approach is required to respond to it. It draws on work regarding fragmentation outside of the patent and intellectual property regimes to investigate current responses to fragmentation in the EPS.

Format: Hardback
Length: 240 pages
Publication date: 11 August 2022
Publisher: Bloomsbury Publishing PLC

This book provides a comprehensive exploration of the current perspectives and responses to fragmentation within the European Patent System (EPS). For decades, efforts have been made to address this issue by introducing a unified patent system. The most recent attempt, the EU unitary patent system, is set to revolutionize the EPS. However, rather than reducing existing fragmentation, it is likely to exacerbate it.

Based on a thorough analysis of the current and forthcoming system, the book argues that the inherent nature of fragmentation within the EPS must be acknowledged. It suggests that a multifaceted approach is necessary to address this challenge. Uniquely, the book draws on insights from fragmentation research outside of the patent and intellectual property regimes, encompassing European law-making and the international legal system. These insights are utilized to investigate current responses to fragmentation in the EPS.

The interpretations of substantive patent law, including claim construction (Actavis v. Eli Lily), exceptions to patentability related to the use of human embryos for industrial or commercial purposes (WARF, Brüstle, ISCC), and products resulting from essentially biological processes (Broccoli and Tomatoes II, G3/19), are examined. Attempts towards convergence in these areas have yielded mixed results, and in some instances, fragmentation may be necessary. Nonetheless, similar techniques employed in the international legal system to address fragmentation are being applied in the EPS, and where observed, they have demonstrated positive outcomes.

It is argued that these methods should be recognized, structured, and promoted to enhance our response to fragmentation more effectively. This book will be of interest to academics, practitioners, policymakers, and anyone seeking to understand the complexities of fragmentation in the EPS and explore innovative solutions to address it.

Dimension: 234 x 156 (mm)
ISBN-13: 9781509939312