JuriEpc0505En

Recital 5 (a) (new)

number

submitter

recommendation

text

184

Kauppi

+

The rules of the Convention on the Grant of European Patents signed in Munich on 5 October 1973, and in particular Article 52 thereof concerning the limits to patentability, should be confirmed and clarified.

Self-explanatory.

Recital 7

| number | submitter | recommendation | text | | 190 | Ortega | + | Under the Convention on the Grant of European Patents signed in Munich on 5 October 1973 (European Patent Convention) and the patent laws of the Member States, programs for computers together with discoveries, scientific theories, mathematical methods, aesthetic creations, schemes, rules and methods for performing mental acts, playing games or doing business, and presentations of information are expressly not regarded as inventions and are therefore excluded from patentability. This exception applies because the said subject-matter and activities as such do not belong to a field of technology. | | 6 = 191 = 192 | Kudrycka and Zwiefka; Bertinotti | ++ | Under the Convention on the Grant of European Patents signed in Munich on 5 October 1973 and the patent laws of the Member States, programs for computers together with discoveries, scientific theories, mathematical methods, aesthetic creations, schemes, rules and methods for performing mental acts, playing games or doing business, and presentations of information are expressly not regarded as inventions and are therefore excluded from patentability. This exception applies because the said subject-matter and activities do not belong to a field of technology. |

190 leaves one instance of "as such", thereby largely nullifying its clarifying effect and still suggesting that computer programs etc can be made patentable by declaring them to be "not as such".

5=191=192 restore the first reading version of this recital.

Recital 8 a (new)

| number | submitter | recommendation | text | | 194 | Lehne | | Member states shall respect the provisions of this directive when acting in the framework of the European Patent Convention. | | 195 | Kauppi | | The European Patent Convention provides that the European Patent Office is supervised by the Administrative Council of the European Patent Organisation, and that the President of the European Patent Office is responsible for its activities to the Administrative Council. The Administrative Council is composed of representatives of the Contracting States of the European Patent Convention, a clear majority of which is formed by Member States. These representatives shall exercise such measures within their authority to achieve compliance by the European Patent Office with this directive. |

Although whether or not this provision is in our interest depends on the overall outcome, stating that the member state representatives who together govern the EPO have to take into account EU legislation and cannot simply do whatever they want, is a good principle to have.

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