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This book contains a collection of national reports on patent interpretation in infringement proceedings from the most important patent litigation countries in Europe. Prominent patent specialists of each country, namely academics, judges and patent litigators have written the reports. With their broad experience in comparative law they not only describe the status quo of their respective countries but identify the most controversial areas where differences from country to country exist and suggest a common approach.
Art. 69 of the European Patent Convention (EPC) is the central interpretation rule for the determination of the scope of European patents which has also found its way into national laws. Presently divergent decisions from country to country are the norm although efforts have been made to change the situation. The aim of a pan-European litigation system, which has been under discussion for some time is that one will have less contradictory decisions where identical patents are litigated.
Since Art. 69 EPC will remain the central rule of interpretation for the national as well as European system, the book tries to find a sound and practicable compromise of interpretation which may serve as a guide for judges in this field.