Publications

 

 A Logic Model of the European Patent System

• Author: Sophia Kacsuk
• Source: Acta Juridica Hungarica, Vol. 53, Number 1, 2012
• Download: .pdf file

Abstract: In patent law most of the crucial legal questions such as patentability and infringement are linked to the patent claims. The European Patent Office regards patent claims as a set of independent features which are examined separately in a more or less formal way. The author has found that this approach allows for developing a simple logic model which treats patent claim features as logical statements and patent claims as compound statements wherein the individual logical statements are connected by logical connectives. The proposed logic model provides a uniform system for examining various legal questions that are dealt with separately under current case-law, moreover, it allows for examining the logical coherence between the different case-law decisions as well as detecting any hidden logical inconsistencies. The present paper offers an overview of the different legal questions linked to the patent claim and demonstrates the practical application of the proposed model.

 

 The mathematics of patent claim analysis

• Author: Sophia Kacsuk
• Source: Springer, Artificial Intelligence and Law, Vol. 19, Number 4, 2011
• Download: http://www.springerlink.com/content/rp0742n154n6qnl8/

Abstract: In patent law most of the crucial legal questions such as patentability and infringement are linked to the patent claims. The European Patent Office regards patent claims as a set of independent features which are examined separately in a more or less formal way. The author has found that this approach allows for developing a simple mathematical model which treats patent claim features as logical statements and patent claims as compound statements wherein the individual statements are connected by logical connectives. The proposed mathematical model provides a uniform system for examining various legal questions that are dealt with separately under current case law, moreover, it allows for developing an expert system for resolving complex legal situations and for automating the evaluation of a large number of patent claim variants that is currently not possible.

 

 Role of the patent claims in patent law (Part IV.) Scope and infringement of the patent protection, and the principle of equivalence

• Author: Sophia Kacsuk
• Source: Industrial Property and Copyright Review, Volume 5. (115.) No 4. (August 2010)
• Download: .pdf file (available in Hungarian only) 

Abstract: The present paper investigates the role of patent claims when considering the extent of protection and patent infringement. First the substantially different nature of patent protection as compared to other kinds of IP protection is described. The second part of the paper discusses the main legal aspects of the extent of protection and patent infringement in the European and in the Hungarian patent system with special emphasis on the doctrine of equivalents as applied in Hungary and abroad. Certain problems associated therewith are illustrated by a practical example.

 

 Role of the patent claims in patent law (Part III.) Comparison of the Hungarian, the European, the International and the Paris Convention priority system

• Author: Sophia Kacsuk
• Source: Industrial Property and Copyright Review, Volume 5. (115.) No 3. (June 2010)
• Download: .pdf file (available in Hungarian only)

Abstract: The present paper is a comparative study of the different types of priority systems adopted by the European Patent Convention and the Hungarian Patent Act. The first part of the paper discusses the Hungarian priority system and in particular the internal priority. The second part focuses on the priority rules of the EPC and its conformity with the priority system laid down in the Paris Convention, which regulates the priority right of Euro-PCT applications.

 

 Role of the patent claims in patent law (Part II.) Extended subject-matter under the European and the Hungarian patent system

• Author: Sophia Kacsuk
• Source: Industrial Property and Copyright Review, Volume 5. (115.) No 2. (April 2010)
• Download: .pdf file (available in Hungarian only) 

Abstract: The present paper attempts to give a comparative account of the regulations relating to admissible and inadmissible amendments in the Hungarian and in the European patent system. The possible types of patent claim amendments - including disclaimers - are discussed in the light of the European and Hungarian legislation and the established case law.

 

 Role of the patent claims in patent law (Part I.) - Certain questions of patentability - state of the art, novelty and inventive step

• Author: Sophia Kacsuk
• Source: Industrial Property and Copyright Review, Volume 5. (115.) No 1. (February 2010)
• Download: .pdf file (available in Hungarian only)

Abstract: The present paper examines the key requirements of patentability in the Hungarian legal system and in the European legal system defined by the European Patent Convention. The first part of the paper attempts to give a legal and economical account of the "state of the art", which serves as a reference point for novelty and inventive step. The second part of the paper focuses on the practical aspects of examining novelty and inventive step. The later is discussed in the form of a decision model as a proposed way of implementing the problem and solution approach adopted by the European Patent Office.

 

 The analysis of the european priority law in the practice of the european patent office, or how should we claim the priority of a pan for a plastic glass?

• Author: Sophia Kacsuk
• Source: Industrial Property and Copyright Review, Volume 3. (113.) No 6. (December 2008)
• Download: .pdf file (available in Hungarian only)

Abstract: The present paper attempts to explain the conceptual framework of the priority system defined by the European Patent Convention and the Case Law of the European Patent Office. The first part of the paper gives a short introduction to the code of rules on priority and an insight to the basic characteristics of the European patent system. The second part focuses on the practical aspects of the European priority right by analysing Paper C of the 2007 European qualifying examination.

 

 Differences and similarities between revocation proceedings before the Hungarian Patent Office and opposition proceedings before the European Patent Office

• Author: Sophia Kacsuk
• Source: Conference of the Hungarian Association for the Protection of Industrial Property and Copyright, Siófok (HU), 24-25 November 2008
• Download: .pps file (available in Hungarian only)

 

 Extending the subject-matter of a patent application in proceedings before the Hungarian Patent Office and in proceedings before the European Patent Office

• Author: Sophia Kacsuk
• Source: lecture at the Hungarian Patent Office, Budapest, 15 October 2008
• Download: .pps file (available in Hungarian only)

 

 Priority right, same invention and first application in the light of the European Patent Office's case law - or how to claim the priority of a cooking pan for disposable cups?

• Author: Sophia Kacsuk
• Source: Conference of the Hungarian Association for the Protection of Industrial Property and Copyright, Kecskemét (HU), 6-7 May 2008
• Download: .pps file (available in Hungarian only)

 

 What now attorney(candidate)? Recent changes as seen by a patent attorney candidate.

• Author: Sophia Kacsuk
• Source: Conference of the Hungarian Association for the Protection of Industrial Property and Copyright, Kecskemét (HU), spring conference of 2004
• Download: .pps file (available in Hungarian only)