European Patent Law

European Patent Law

Towards a Uniform Interpretation

Stefan Luginbuehl

In his detailed study, Stefan Luginbuehl critically examines the latest efforts to establish a common European and EU patent litigation system and suggests possible alternatives to such a system.

Chapter 4: Combination of Concentration of Litigation at the National Level and Other Measures

Stefan Luginbuehl

Subjects: law - academic, comparative law, european law, intellectual property law


The possible alternatives for achieving a uniform interpretation of European patent law will be listed in ascending order from the least to the greatest intervention in the national sovereignty of a (EPC contracting) state. I. A. JUDICIAL COOPERATION Cooperation among Judges 1. Introduction The potential lack of a spirited European interpretation of European patent law by the national courts was realised early on1. When litigation of the first European patents began2, efforts were consequently made to assist the courts in the development of a uniform European patent doctrine3. A first proposal included the publication of judgments of national courts relating to European patents4, and the creation of comprehensive bibliographies5. This suggestion was quite obviously aimed at a broad consultation of ‘foreign’ judgments and legal views by national judges. The EPO immediately accepted the request to expand the already executed publication of decisions of the EPO Boards of Appeal6 to judgments of national authorities dealing with European patents. 1 Cf. Haertel, Kurt and Romuald Singer (1981), ‘Two Years of the European Patent Office and European Patent Law’, IIC, 12, 277–308, 305; Singer, Patentsystem, 186; Kolle/Stauder, Symposia, 955. 2 Cf. Kolle/Stauder, Symposia, 955. 3 Cf. Stauder, Dieter in Singer/Stauder, 3rd edition, Art. 69, N 6; Beier, Cooperation, 711. 4 Cf. Haertel/Stauder, 91. 5 Cf. Straus, Information, 760. 6 Cf. Straus, Information, 759. 128 LUGINBUEHL PRINT.indd 128 28/01/2011 10:01 Litigation at the national level and other measures 129 Another approach which should have avoided discord and paved the way for the...

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