Traduction de «Brevet accordé uniquement pour le procédé » (Français → Anglais) :

55.1 In an action for infringement of a patent granted for a process for obtaining a new product, any product that is the same as the new product shall, in the absence of proof to the contrary, be considered to have been produced by the patented process.

In that context, the national court essentially asks the Court of Justice whether a patent obtained following an application claiming the invention both of the process of manufacture of a pharmaceutical product and of the pharmaceutical product as such, but, because of that reservation, granted only for the process of manufacture, must none the less, by reason of the TRIPs Agreement and from the date of its entry into force, be regarded as also covering the invention of the pharmaceutical product.

Consequently, while the TRIPs Agreement obliges the Member States of the WTO to make it possible to obtain patents for pharmaceutical products, it does not oblige them to regard patents which were granted solely for processes of manufacture of those products as covering, after the entry into force of that agreement, the inventions of those products as such.

89. Calls for efforts to be stepped up with a view to overcoming current difficulties and creating without delay a single Community patent, which will provide effective, high-quality legal protection at low cost, and a harmonised European system for settling disputes concerning patents, in order to improve the framework conditions for industrial and intellectual property rights, to enhance legal certainty and combat counterfeiting, whilst keeping bureaucratic costs at a minimum, particularly for SMEs; welcomes the large support in Council for the Commission decision to initiate in 2011 the enhanced cooperation procedure on a single EU p ...[+++]atent; further calls for a reform of standardisation methods (in particular in the ICT sector) where standards development should be open, transparent, based on the principle of interoperability and ensuring the competitiveness of European industry; considers that promoting international standardisation will safeguard European technological leadership;

89. Calls for efforts to be stepped up with a view to overcoming current difficulties and creating without delay a single Community patent, which will provide effective, high-quality legal protection at low cost, and a harmonised European system for settling disputes concerning patents, in order to improve the framework conditions for industrial and intellectual property rights, to enhance legal certainty and combat counterfeiting, whilst keeping bureaucratic costs at a minimum, particularly for SMEs; welcomes the large support in Council for the Commission decision to initiate in 2011 the enhanced cooperation procedure on a single EU p ...[+++]atent; further calls for a reform of standardisation methods (in particular in the ICT sector) where standards development should be open, transparent, based on the principle of interoperability and ensuring the competitiveness of European industry; considers that promoting international standardisation will safeguard European technological leadership;

On the basis of European patents issued by the European Patents Office in Munich, the Agreement, which was concluded in December 1989, will establish for the various countries which are parties to the Munich Convention on the European Patent a single Community patent with identical effects in all Member States.