IPKat: UK-IPO/EPO patentability rift widens
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Started by: zoobabzoobab
Date: 17 Dec 2007 01:03
Number of posts: 1
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Whereas the EPO, at least in the form of Steinbrener, clearly takes the view that interpretation of the law should evolve as technical progress evolves, the English approach is now trying to go back to basics and interpret the law as it is written, without regard to how technology has developed since the law was first put in place. The former approach depends on the ever-changing definition of what is "technical" (which the IPKat challenges anyone to provide a stable definition of), and departs substantially from the wording of the EPC, whereas the latter tries to assess what the claimed invention actually is, in terms of what it contributes to public knowledge, and whether it is excluded. While the different approaches continue, there seems to be little hope of reconciling English patent law with that of the EPO.
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