Toolkit

Story: EU-wide patents 'move closer'

• 
• 

Not sure what you mean, Steve.

If they were both filed at the same time, then they run concurrently - A can enforce the patent in his jurisdiction (Italy?), and B in his (France?). So, if you wanted to sell a product incorporating the invention in Italy, you would need a licence from A. If you wanted to sell it in France, you need a licence from B. If you want to sell it in Germany, then you don't need a licence from either of them (assuming that there is no equivalent patent in Germany).

On the other hand, if A's patent was published before B's was filed, then B's patent might be invalid. However, this doesn't affect A's patent, which still applies to Italy only (i.e. A doesn't get to 'take' B's patent, like you would in a game of cards!)

• 
• 

• 
• 
• 

Full Talkback thread