Traité théorique et pratique des brevets d’invention et de la contrefaçon – Eugène Pouillet (5th édition, 1909)
The book entitled “Traité théorique et pratique des brevets d’invention et de la contrefaçon” (theory and practice of patents and infringement) by Eugène Pouillet is one of the major legal writing works which contributed to the development of French patent law. Using a clear style (Mr Pouillet also made himself known to his contemporaries by recounting his memories as an attorney-at-law under the pseudonym of “Maître Auclair”, which means “the attorney-at-law who makes things clear”) and such colourful phrases that we still like to quote them today, Mr Pouillet could develop rich legal writing, always paying attention to details and practical needs, aware of all case law developments and discussions, of which his practise as an attorney-at-law gave him a very clear view. Even if this work could not remain the reflection of current law in all respects, it is still a reference book for legal writing and case law in patent law. Véron & Associés are pleased to present the industrial property community with the 5th edition of 1909 (as revised and updated by André Taillefer and Charles Claro).
The European Patent Convention – Clément Payraudeau
European patent law is of paramount importance on two accounts.
On the one hand, from a practical point of view, the European patent system has become the ordinary way to protect inventions in Europe (135 000 European patent applications were filed in 2006) for nationals of the Member Countries of the Munich Convention (in 2006, 65 000 patent applications out of 135,000 were filed by nationals of the Member Countries) and nationals of third countries (in 2006, 69 500 patent applications out of 135 000 were filed by nationals of third countries, the United States and Japan ranking first). This success finds its origins in the importance, now crucial and essential, of the inventions for the economic and social development and progress and in the correlative need for an efficient and easily accessible legal protection of inventions. In this respect, the Munich Convention has largely simplified the access to a legal protection of inventions by establishing a unified system for granting national patents at the end of a single procedure with one central office, the European Patent Office.
On the other hand, from a theoretical point of view, European patent law greatly influences national patent law of the Member Countries, not only because the European rules of patentability have been transposed into the Member States’ laws but also because the verification of the granted patents’ validity and their interpretation fall within the jurisdiction of national courts. European patent law, such as established by the Munich Convention, and as continuously developed by the Office’s practice and the case law of its Boards of Appeal, is necessarily entering into national patent laws.
Mr. Clément Payraudeau’s book gives an overall and logical picture of this complex European patent system with a commentary on the European Patent Convention enriched by the literature and the most exhaustive European case law.