Introduction into Patenting in Biotech in Europe with a Special Focus on GermanySummary Apr. 21 of the IP Innovations ClassGuest Lecturer: Dr. Jan B. KraussI European Patent European patent does not mean European community patent and is not automatically enforced in nation. But EU patent will be equal to national patent, if the country is under European Patent convention ( extended further than EU community) and could be invalided in a nation. But Community Trademark is enforced in entire EU community. Problems includes language, patent standards, role of national office, enforcement of EU and national Patent, representation in court EC directive 98/44/EC Biotech Directive was passed in 1998 as a guideline but voted against in some countries . Implementation in the member states was necessary until July 30 2000. Amendments of German P law §§1-14 PatG were according to Biotech Directive II Subject Matter Issues in EPCThe EPC adopts a stricter standard. Article 52(2) and (3) (
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Subject matter, European Patent European, Patent European patent, European community patent