Implementation of its rights

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Chapter 1. Jurisdiction over counterfeiting

The EPC does not deal with counterfeiting: national legislation must be examined to answer this question (A64 (3) EPC).

In any case, a European patent or a national patent will confer the same rights as from its publication (A64 (1) EPC).

Nevertheless, the EPC gives some guidance on the scope of protection granted by a European patent or a European patent application.

Chapter 2. Extent of protection

Section 2.1. Principle

The extent of the protection conferred by the European patent or the European patent application is determined by the claims (A69 (1) EPC).

So, you have to look at the claims to see if a counterfeiter exists.

Section 2.2. Interpretation of this scope

It may happen that certain terms are obscure: under this hypothesis, it is possible to use the description to dis-obscure the meaning (and thus the scope) of the claims (A69 (1) EPC).

For all that, do not confuse: the interpretation using the description or drawings is not used to clarify a claim during the examination (within the meaning of theA84 CBE). This interpretation serves only to best identify protection.

Section 2.3. Extension of protection to manufactured products

In theory, if your claims relate to a process, you can only prohibit third parties that the implementation of the process (and associated acts) but nothing more.

However, in the context of a manufacturing process, it is accepted that the protection also covers the products directly manufactured from this process (even though this product would not be new ...) (A64 (2) EPC).

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