Exclusions from Patentability How Far Has the European Patent Office Eroded Boundaries

Author: Sigrid Sterckx; Julian Cockbain
Publisher: Cambridge University Press
ISBN: 9781107006942
Published In: September 2012
Format: Hardback , 376 pages
Jurisdiction: International ? Disclaimer:
Countri(es) stated herein are used as reference only

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Exclusions from Patentability reviews the history of the adoption of exclusions from patentability under the European Patent Convention since its first conception in 1949 through to its most recent revision. The analysis shows how other intellectual property treaties, such as UPOV, the Strasbourg Patent Convention, PCT, the EU Biotech Directive and TRIPS have affected the framing of the exclusions. Particular attention is given to those exclusions considered the most contentious (computer programmes, discoveries, medical treatments, life forms and agriculture) and those decisions which have been most influential in shaping the approaches by which the exclusions have been interpreted. The 'morality' exclusion and the interpretation of the exclusions are discussed critically and suggestions for coherent interpretation are made.

• Focus on what is not patentable in Europe will appeal to those concerned with the practice of obtaining patent coverage

• Investigation of what should not be patentable will appeal to those concerned with the theoretical aspects of patent law

• Explanation of how the patentability exclusions can be interpreted will be of interest to those concerned with interpreting or changing the law

Acknowledgements	viii
Table of cases	x
Table of international conventions and regulations	xvii
Table of official documents	xix
List of abbreviations	xxvii
1 Introduction	1
2 The historical development and current scope of the European Patent Convention	17
3 Computer programs	67
4 Discoveries	114
5 Methods of medical treatment and diagnosis	135
6 Essentially biological processes for the production of plants and animals	172
7 Plant and animal varieties	193
8 Morality and ‘ordre public’	243
9 Towards a coherent interpretation of the exclusions	309
10 Conclusion	320
List of correspondence from EPO files	324
References	327
Index	33