[Pharm-policy] Basic Proposal for European Patent Convention

[James Love]

The basic proposal for revisions in the European Patent Convention are
now on the web here:

http://www.european-patent-office.org/news/headlns/2000_08_17.htm
BASIC PROPOSAL FOR THE REVISION OF THE EUROPEAN PATENT CONVENTION
CA/100/00 e

        "The notice from the President of the European Patent Office
dated 24
March 2000 (OJ EPO 2000, 195) gave information about the forthcoming
revision of the European Patent Convention.

        "The draft Basic Proposal for the revision is published below.
The text
will be finalised by the Administrative Council of the European Patent
Organisation at a meeting from 5 to 8 September 2000, and then form the
basis for discussion at the revision conference in Munich from 20 to 29
November 2000.
------------------------------
Comment:

Of particular interest are changes to Article 52 and 53, which concern
scope and exceptions to patentability, and Article 54, which concerns
the issue of new uses of known product (so called "Swiss claims").

In Article 52, the proposal would use the broader language from the WTO
TRIPS agreement to extend patents to "all fields of technology," and
eliminate the current exception for software patents.  The proposal
appears to bracket the issue of the exclusion of methods of doing
business, for further discussion, I think.  The changes in Article 54
would strengthen the legal status of patents on new uses for known
products. 


-- 
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James Love, Director           | http://www.cptech.org
Consumer Project on Technology | mailto:love@cptech.org 
P.O. Box 19367                 | voice: 1.202.387.8030
Washington, DC 20036           | fax:   1.202.234.5176
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