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Abstract

Despite the existence of an internal market, the European Union has not succeeded in establishing a Community patent. Thus, the potentially most important industrial property right, instead of providing incentives for EU-wide innovation and integration, may prove in many instances to be its obstacle. The design of the European Patent Convention (EPC), the basic idea of which has always been to rationalize the patent granting procedure, thus to provide not only a reliable but above all also cost-effective patent granting system, could eventually fail in this latter regard. The actual cost of a European patent eventually turned out to be excessive, for a number of reasons. Most of these reasons are explicitly or implicitly linked to the legal construction of the EPC. The United States has adapted its patent system to its obligations under the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) and modernize its law in other respects as well, while the European patent system has remained virtually immobilized.

This study examines these issues separately and briefly compares the respective European situation with that of the United States and Japan. .

Additional information

Authors: STRAUS J, Max Planck Institute for Foreign and International Patent, Copyright and Competition Law, München (DE)
Bibliographic Reference: EUR 17014 EN (1997) 63pp., FS, ECU 8.50
Availability: Available from the (2)
ISBN: ISBN 92-826-9555-7
Record Number: 199710626 / Last updated on: 1997-05-26
Category: PUBLICATION
Original language: en
Available languages: en
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