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

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

by Sigrid Sterckx
     
 

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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

Overview

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.

Product Details

ISBN-13:
9781107006942
Publisher:
Cambridge University Press
Publication date:
09/30/2012
Series:
Cambridge Intellectual Property and Information Law, #19
Pages:
376
Product dimensions:
5.98(w) x 8.98(h) x 0.98(d)

Meet the Author

Sigrid Sterckx is a Professor of Ethics at Ghent University and at the Vrije Universiteit Brussel (VUB), Belgium.

Julian Cockbain is a European patent attorney and a British patent attorney with the British and European patent and trade mark attorney firm Dehns.

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