BETA

Activities of Eva LICHTENBERGER related to 2011/0093(COD)

Plenary speeches (1)

Creation of unitary patent protection - Unitary patent protection - Jurisdictional system for patent disputes (debate)
2016/11/22
Dossiers: 2011/0093(COD)

Legal basis opinions (0)

Amendments (13)

Amendment 58 #
Proposal for a regulation
Article 1 – paragraph 2
This Regulation constitutes a special agreement within the meaning of Article 142 of the Convention on the Grant of European Patents (European Patent Convention), as amended (hereinafter ‘the EPC’).deleted
2011/10/27
Committee: JURI
Amendment 59 #
Proposal for a regulation
Article 3 – paragraph 2 – subparagraph 1
A European patent with unitary effect shall have a unitary character. It shall provide uniform protection and shall have equal effect in allis a patent title of the European Union that has effects throughout the territories of the participating Member States.
2011/10/27
Committee: JURI
Amendment 60 #
Proposal for a regulation
Article 3 – paragraph 2 – subparagraph 1 a (new)
A European patent with unitary effect shall have an autonomous character. It shall be subject only to the provisions of this Regulation, to the general principles of Union law, and, to the extent that this Regulation does not provide for specific rules, to those provisions of the European Patent Convention which are binding upon every European patent and which shall consequently be deemed to be provisions of this Regulation.
2011/10/27
Committee: JURI
Amendment 62 #
Proposal for a regulation
Article 3 a (new)
Article 3a Harmonisation of substantive patent law By …, the Commission shall present a proposal for a directive of the European Parliament and of the Council, along with an impact assessment, for harmonisation of substantive patent law relevant for European patents with unitary effect.
2011/10/27
Committee: JURI
Amendment 63 #
Proposal for a regulation
Article 3 b (new)
Article 3b Patentability of inventions 1. European patents with unitary effect shall be granted for any inventions, in all fields of technology, provided that they are new, involve an inventive step and are susceptible of industrial application. 2. The following in particular shall not be regarded as inventions within the meaning of paragraph 1: (a) discoveries, scientific theories and mathematical methods; (b) aesthetic creations; (c) schemes, rules and methods for performing mental acts, playing games or doing business, and programs for computers; (d) presentations of information.
2011/10/27
Committee: JURI
Amendment 64 #
Proposal for a regulation
Article 3 c (new)
Article 3c Patentability of computer-implemented inventions 1. A set of instructions for solving a problem by means of an automated system consisting only of generic data processing hardware (universal computer), also called “program for computers” or “computer-implemented solution”, is not an invention within the meaning of substantive patent law applicable to a European patent with unitary effect, regardless of the form under which it is claimed. 2. A claimed object can be an invention in the sense of substantive patent law applicable to the European patent with unitary effect only if it contributes knowledge to the state of the art in a field of applied natural science; an invention is a teaching about cause-and-effect relations in the use of controllable forces of nature.
2011/10/27
Committee: JURI
Amendment 68 #
Proposal for a regulation
Article 8 – point a a (new)
(aa) the acts allowed pursuant to the Treaties and Union law
2011/10/27
Committee: JURI
Amendment 77 #
Proposal for a regulation
Article 12 – paragraph 1 – subparagraph 1 – introductory wording
1. The participating Member States shall give, within the meaning of Article 143 of the EPC, the European Patent Office the following tasks to be carried out in conformity with the Treaties and Union law, and the internal rules of the European Patent Office:
2011/10/27
Committee: JURI
Amendment 80 #
Proposal for a regulation
Article 12 – paragraph 2
2. In their capacity as Contracting States to the EPC, the participating Member States together with the European Parliament shall ensure the governance and supervision of the activities related to the tasks referred to in paragraph 1 by the European Patent Office. To that end they shall set up a Select Committee of the Administrative Council of the European Patent Organisation within the meaning of Article 145 of the EPC. That Select Committee shall take decisions pursuant to a mandate given by the European Parliament and shall report to the European Parliament. The Select Committee members shall be submitted to a hearing prior to their being approved by the European Parliament.
2011/10/27
Committee: JURI
Amendment 81 #
Proposal for a regulation
Article 12 – paragraph 3
3. The participating Member States shall ensure effective legal protection before a national court against thany administrative decisions of the European Patent Office in carrying out the tasks referred to in paragraph 1.
2011/10/27
Committee: JURI
Amendment 86 #
Proposal for a regulation
Article 17 – paragraph 1
1. The power to adopt delegated acts pursuant to Articles 15 and 16 is conferred on the Commission subject to the conditions laid down in this Article.
2011/10/27
Committee: JURI
Amendment 89 #
Proposal for a regulation
Article 19 – paragraph 1
This Regulation is without prejudice to the application of the Treaties and Union law, including competition law and the law relating to unfair competition.
2011/10/27
Committee: JURI
Amendment 90 #
Proposal for a regulation
Article 20 – paragraph 1
1. Not later than sixtwo years from the date on which the first European patent with unitary effect takes effect in the territories of the participating Member States, the Commission shall present to the European Parliament and the Council a report on the operation of this Regulation and, where necessary, make appropriate proposals for amending it. Subsequent reports on the operation of this Regulation shall be presented by the Commission every sixtwo years.
2011/10/27
Committee: JURI