Exclusions from Patentability How Far Has the European Patent Office Eroded Boundaries? Cambridge Intellectual Property and Information Law Series

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.

1. Introduction; 2. The historical development and current scope of the European Patent Convention; 3. Computer programs; 4. Discoveries; 5. Methods of medical treatment and diagnosis; 6. Essentially biological processes for the production of plants and animals; 7. Plant and animal varieties; 8. Morality and 'ordre public'; 9. Towards a coherent interpretation of the exclusions; 10. Conclusion.

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.