A Comparative Study on European Patent System and Unitary Patent System
| Autor: | LIN, YANG-YU, 林洋宇 |
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| Rok vydání: | 2018 |
| Druh dokumentu: | 學位論文 ; thesis |
| Popis: | 106 The application process is unified in European Patent system. Applicant does not need to contact patent competent authorities of numerous states separately, but merely reciprocates with European Patent Office during application process. The fee during application process is also reduced, including the certain fee requested by patent agent and the official fee requested by patent competent authorities because there is only one application process. However, the total cost of obtaining European Patent through European Patent system is still far from the average of the cost of other main economic countries, as well as the follow processes after obtaining European Patent are considerably complexity. For this reason, many applicants intend to give up European Patent application under benefit discretion. Thus, Unitary Patent system is being discussed. For the purpose, contrary to European Patent, applicant can obtain Unitary Patent through single patent system, and the procedure can be unified and the official fee can be reduced as anticipation. The Unitary Patent, actually is European Patent with unitary effect, so the Unitary Patent system specifically will not replace European Patent system, instead, is another choice to applicant. The Unitary Patent system is not yet carried out, because of the Agreement on the Unified Patent Court is not ratified. The Agreement on the Unified Patent Court must be at least ratified by United Kingdom, Deutschland and France. From now, it still lacks of United Kingdom and Deuteschland. The ratification of Unitary Patent system is in doubt after Brexit, moreover, the benefit that whether the Unitary Patent system is able to bring up as anticipation is also under widely debate, for instance, reducing fee can attract more applicants to file patent application in Europe can be put in question. Unitary Patent system is regional patent system, the process of development and establishment of organization might be learned by other regional patent system in the future. Furthermore, the benefit conveyed by Unitary Patent system, comprising lower fee, procedure deduction, or competence of patent right, can be important references to other regional patent system. Hence, this article intend to analyze Unitary Patent system, literally means origin, organization, process and fee, then confirm the advantage that the new European system can truly deliever. |
| Databáze: | Networked Digital Library of Theses & Dissertations |
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