Infringement & Freedom To Operate - Food Valley

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Revision of the Protocol on the Interpretation of Art. 69 (EPC) in EPC 2000 and the Protocol on Interpretation – More harmonisation? Equivalents and Prosecution File (statements during prosecution): The present provision governing the extent of protection conferred by a European patent, ie Article 69 EPC and the Protocol on its interpretation, have turned out not to achieve, to the extent desired, the goals of ensuring as uniform an application and interpretation as possible. In particular, this is the case regarding the treatment of so-called equivalents and the importance of prior statements made by the applicant for or proprietor of a patent in the application or in the specification or during prosecution before the EPO or in proceedings concerning the validity of the patent. In order to strengthen and clarify the extent of protection under Article 69 EPC, and to contribute to a more uniform court practice in Europe, the Protocol on its interpretation should be supplemented by a few rules regarding the significance of equivalents and limiting statements during prosecution in assessing the extent of protection.
Revision of the Protocol on the Interpretation of Art. 69 EPC in EPC 2000: Equivalents Only more harmonisation on equivalents Article 2 of the Protocol on the Interpretation of Art. 69 EPC: For the purpose of determining the extent of protection conferred by a European patent, due account shall be taken of means which at the time of the alleged infringement are equivalent to the means specified in the claims. No harmonisation on Prosecution File
Page 1 and 2: Infringement & Freedom To Operate U
Page 3 and 4: Infringement Definition of Infring
Page 5 and 6: Infringement 1 (being accused...)
Page 7 and 8: Infringement 2 (‘get them...’)
Page 9: Construction and Infringement Claim
Page 13 and 14: Approach to Claim Construction and
Page 15 and 16: The Netherlands vs. UK and Germany
Page 17 and 18: Freedom To Operate Perform prior a
Page 19 and 20: Freedom to Operate Perform prior a
Page 21: Questions www.lovells.com www.octro

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