2005-10: European Parliament to vote resolution against EPO-granted "designer baby patent"

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The EPP (conservative) group in the European Parliament has introduced a motion calling the Parliament to file an opposition against a patent granted by the European Patent Office. The Legal Service of the EP is against this, contending that the EP is not a person in the sence of the European Patent Convention. Greens are in favor.

EP resolution to be voted 2005-10-26

The motion was introduced by Klaus-Heiner Lehne MEP and somewhat amended through compromises with other party groups.

In an unusual alliance on patents, both Lehne and the Green group are in favor of filing an opposition at the European Patent Office, whereas other !MEPs such as Rainer Wieland (from Lehne's CDU group) would rather pass a resolution that calls on the Commission to file an opposition. The Parliament's Legal Service also believes that the Parliament is, unlike the Commission, not a legal person in the sense of the European Patent Convention.

The vote is scheduled for tomorrow wednesday 2005-10-26 at noon.

The question of whether to file opposition in the name of the EP may be subject to oral amendments in the last minute. Apart fom this, the resolution text seems to be settled.

Timeline

2005-10-27: EPO Response to EU Parliament Motion on Biotechnology Patents

2005-10-27

Full text of motion adopted: http://tinyurl.com/75c4l

"12. Asks the Commission to file a notice of opposition to patent EP1257168 without delay;"

Preliminary report: Most of the Motion was carried. Additionally, and oral amedment saying "The EP decides to ask the European Commission to file an objection to patent EP1257168 without delay" was also carried.

2005-10-26

2005-10-25

Debate in JURI. EP Legal Service said EP is not a "Legal Person" in the sense of EPC 99.1.