[Ip-health] Re: [A2k] Comments from UK on the topics proposed for discussion at the 2009 WIPO SCP meeting

[Philippe Aigrain (perso)]

There is an interesting element in the UK comments regarding scope of
patentability. In the case of software, the proposed test of whether the
claims fall into the excluded matters "as such" is known to open the
door to software patent due to step (3) (B.6.3). For gene sequence
patents, directive 98/44/CE uses Newspeak to decide at art. 5.1 that
human gene sequence patents are not patentable and at art. 5.2 that "An
element isolated from the human body or otherwise produced by means of a
technical process, including the sequence or partial sequence of a gene,
may constitute a patentable invention, even if the structure of that
element is identical to that of a natural element." The UK comments do
not refer to 5.2 and only repeat 5.1. Whether this is hypocrisy or an
effort to bend interpretation towards rejecting gene sequence patents
remains to be seen. In the UKPTO practice, I am afraid it is rather the
former.

Another -undubitably positive- element is that the UK pushes a strong
interpretation of the research exception, under which it investigation
for commercial purposes is included in the exemption.

Philippe Aigrain

Thiru Balasubramaniam wrote:
>
>
> Please consult the url below for the full text of the comments from
> the United Kingdom of Great Britain and Northern Ireland to the WIPO
> Standing Committee on the Law of Patents (SCP)  on the following topics:
>
> 1) dissemination of patent information, including the issue of a
> database on search and examination reports;
>
> 2) exceptions from patentable subject matter and limitations to the
> rights,
>
> 3) patents and technical standards
>
> 4) client-attorney privilege
>
>
>
> http://www.wipo.int/export/sites/www/scp/en/meetings/session_13/pdf/uk.pd=
f
>
> Comments from UK on the topics proposed for discussion
> at the 2009 WIPO SCP meeting
> 1. At a meeting of the Standing Committee on Patents in June 2008 the
> Committee endorsed a proposal from the chair that the following topics
> would be discussed at the next meeting in 2008 =96
>
> a. Dissemination of patent information, including the issue of a
> database on search and examination reports;
>
> b. Exceptions from patentable subject matter and limitations to the
> rights, including research exemption and compulsory licences;
>
> c. Patents and technical standards;
>
> d. Client =96 attorney privilege.
>
> The Secretariat invited delegations to submit comments on these items
> for inclusion in one or more working documents for the next meeting.
>
> 2. The UK=92s comments on each of these topics are set out in the attache=
d
> Annexes A, B, C and D,
>
>
> ------------------------------------------------------------
>
>
> Thiru Balasubramaniam
> Geneva Representative
> Knowledge Ecology International (KEI)
> thiru@keionline.org
>
>
> Tel: +41 22 791 6727
> Mobile: +41 76 508 0997
>
>
>
>
> _______________________________________________
> A2k mailing list
> A2k@lists.essential.org
> http://lists.essential.org/mailman/listinfo/a2k
>
>