Chapter

Decisions of the European Patent Organization Before National Courts

August Reinisch

in Challenging Acts of International Organizations Before National Courts

Published in print September 2010 | ISBN: 9780199595297
Published online January 2011 | e-ISBN: 9780191595752 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199595297.003.0006
Decisions of the European Patent Organization Before National Courts

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This chapter discusses the implications of the English Lenzing case which concerned an indirect attack against the European Patent Office's revocation of a patent. In addition, it demonstrates how the German Constitutional Court has extended its Solange jurisprudence to other international organizations like EPO in order to guarantee a core fundamental rights protection under German constitutional law. This theme underlies a number of cases, dealing not only with the EPO's central tasks of granting or revoking European patents, but also concerning EPO decisions to admit persons as European Patent Attorneys or staff-related decisions of the EPO itself or the Administrative Tribunal of the International Labour Organization (ILOAT) on appeal. The working hypotheses receive support from the cases investigated.

Keywords: European Patent Organization; European Patent Attorney; patent; patent revocation; Lenzing case

Chapter.  10183 words. 

Subjects: Constitutional and Administrative Law

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