Der Ausbau der europäischen Patentgerichtsbarkeit - Konsequenzen und Möglichkeiten für die S

A European patent disintegrates into a bundle of patents after its central grant by the European Patent Office. The individual parts of the European patent are bound by national borders in their effects and must currently be enforced before the respective national authorities. Since patent disputes with an international dimension affect multiple parts of a European patent, parallel proceedings in several countries may be necessary. EU member states will centralize the judicial enforcement of European patents at a common court with the Agreement on a Unified Patent Court. Since a ruling from this court applies to the territory of those contracting member states for which the relevant European patent is effective, the risk of differing or even contradictory decisions regarding multiple parts of a European patent is eliminated. The ten contracting states of the European Patent Convention that are not also EU member states (including Switzerland) are excluded from this solution. Therefore, from a pan-European perspective, a fragmented European patent jurisdiction remains. This Zurich dissertation first thoroughly examines the development of a European patent jurisdiction that has been ongoing for several decades. In a second step, it explores the possibilities of achieving a more unified European patent jurisdiction concerning European patents within the context of the Unified Patent Court.