Session 1: Intellectual Property Rights (IPR) – Patent Law

Intellectual Property Rights - Patent Law Overview

Course Structure

  • Part 1: Introduction

  • Part 2: Lecture: Some Basics on IP Rights

  • Part 3: Interactive Course

    • Deep dive / Presentations

  • Part 4: Case Study

    • Patenting a human being?

Part 1: Introduction

Instructor Introduction

  • Dr. Andreas Ruster, LL.M. (London), maître en droit (Paris)

  • Background

    • German qualified attorney (Rechtsanwalt)

    • Focus on business litigation, especially IP litigation

    • Experience in Germany and the U.S. (New York City)

Introduction to Quinn Emanuel

  • Founded in 1986 as a litigation specialist firm

  • Expanded to over 900 lawyers, 29 offices in 12 countries

  • Known for litigation and arbitration excellence

  • Significant presence in intellectual property law in Germany, opening offices in major cities to address IP disputes

Part 2: Basics of Intellectual Property Rights

Introduction to Patents

  • Definition: Legal right to make or sell an invention for a certain period (monopoly right).

  • Purpose of Patent Law: Protect technical inventions while balancing interests of inventors, competitors, and society.

    • Protects investment and encourages technology development through disclosure.

Types of Intellectual Property Rights

  • Patents

    • Trade secrets

      • Alternative to patenting; protects non-public information with commercial value.

    • Copyright

      • Protects original works and does not require registration in Germany; arises upon creation.

    • Trademarks

      • Signs identifying products; requires registration for protection in Germany.

Structure and Features of a Patent

Patent Components

  1. Claims

  • Define the protection sought; must be clear and concise (Art. 84 EPC).

  1. Description and Drawings

  • Provides context and specifics about the invention; supports claims in legal proceedings.

Patent Granting Procedure

  • Examines patent applications for compliance with legal standards

  • EPO (European Patent Office) is responsible for patent grants; patents then have the same effects as national patents in designated States.

Patentability Requirements

Essentials for Patentability

  1. Invention

  • Must solve a technical problem and be feasible.

  1. Novelty

  • Must not be part of the existing knowledge base (state of the art).

  1. Inventive Step

  • Must not be obvious to a skilled person in the field.

  1. Industrial Application

  • Must be usable in some industry.

Licensing of Patents

Types of Licenses

  • Exclusive Licenses

  • Non-Exclusive Licenses

  • Conditions vary by agreement, often involving license fees or royalties.

FRAND Licenses

  • Fair, Reasonable, and Non-Discriminatory terms; essential for standard-setting organizations.

Legal Proceedings

Patent Infringement Actions

  • Jurisdiction: District Court for infringement, Federal Patent Court for nullity actions under German law.

  • Procedure: Separated actions for validity and infringement (separation principle).

Case Study: Patenting a Human Being

Overview

  • Engage with the morality and legality surrounding the patenting of human embryonic stem cells.

  • Groups will represent different perspectives in the case to analyze the implications of such patents.

Conclusion

  • Understanding intellectual property rights, especially patent law, is crucial for navigating legal practices related to inventions and technology.