[A2k] patents - 1st part

[Manon Ress]

Article X, Patents

(a)  Patent rights shall not be granted with respect to:

i.  discoveries, scientific theories or mathematical methods;
ii.  aesthetic creations, including but not limited to literary or
dramaturgical works;
iii.  schemes, rules and methods for performing mental acts, playing games
or doing business;
iv.  programs for computers;
v.  presentations of information;
vi.  methods for treatment of the human or animal body by surgery or
therapy and diagnostic methods practiced on the human or animal body,
except for products, in particular substances or compositions, for use in
any of these methods;
vii.  methods of teaching and education; or
viii.  higher life forms.


(b) The privileges granted by a patent shall not be interpreted to include
the ability to:

i.  prohibit the working of the patent for the purposes of experiment or
research, including commercial research, on or with the covered invention,
except to the extent that such rights are used to ensure nonexclusive
access to derivative innovations, data, and technologies;

ii.  prohibit the working of improvement innovations in the same field as
the patented technology;

iii.  any invention developed through the use of biological material if
the inventor failed to obtain prior informed consent of the country of
origin, or fails to fairly and equitably share the benefits derived from
the use of that biological material;

iv.  prevent the distribution of medicines or other medical technologies
that are manufactured and distributed for compassionate use, and meet the
following conditions:

a.  the use is temporary, and addresses an urgent health care need,
b.  there is no alternative method of obtaining the product at an
affordable price, and
c.  the product is distributed at no profit [free];

(c)  The grant of a patent shall be conditional upon

i.  disclosure of the best mode of practicing the invention,

ii.  disclosure of the source or origin of any biological material
utilized in the invention,

iii.  disclosure of any government financial support for the invention,

iv.  a commitment to ensure enabling transfer of know-how after the
expiration of patent,

v.  when relevant and upon request of a third party, a commitment to make
available a deposit of any associated biological materials in an
appropriate designated repository, for exploitation for research purposes,
and for general use after the expiration of the patent,

(d)  Usage that does not constitute infringement

i.  the use of a patented technique for a significant purpose of ensuring
conversion of the conventions used in two different data processing
systems so as to allow communication and exchange of data content between
them;

ii.  the distribution and publication of information, in whatever form;

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Note for d (i) and (ii).  These were amendments offered by Michel Rocard
in the European Parliament=92s second reading of the software patent
directive.  The justification is as follows:  (i) Interoperability of data
processing systems (e.g. computers) lies at the foundation of the
information economy and allows for fair competition by all players large
and small.  A software developer could find out how to make his data
processing system interoperable with that of a competitor, but afterwards
he cannot necessarily use his gained knowledge, since that could be
covered by patents. This provision makes sure that patents also cannot be
used to prevent interoperability.  (ii) Freedom of publication can be
limited by copyright but not by patents. Patent rights are broad and
unsuited for information goods. This provision does not make patents
invalid, but rather limits the ways in which a patent owner can enforce
his patents.
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