Exclusions from patentability: how far has the European Patent Office eroded boundaries?

Exclusions from patentability: how far has the European Patent Office eroded boundaries?

Author
Sterckx, SigridCockbain, Julian
Publisher
Cambridge University Press
Language
English
Year
2012
Page
XXIX, [1], 341 s. ; 24 cm
ISBN
9781107006942,1107006945
File Type
pdf
File Size
2.6 MiB

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.

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