TO say that the EPO operates as though it's above the law would be an understatement. We have covered many dozens of examples to that effect.
The European Patent Office Guidelines 2017 were recently published on the European Patent Office (EPO) website. They entered into force on November 1 2017.
Like the previous edition, this year’s guidelines include substantial, extensive and comprehensive improvements with regard to guidance on the eligibility of computer-implemented inventions (CII) parts. These parts have been discussed with the European Patent Institute (epi), in particular with the CII sub-committee of the European Patent Practice Committee.
The changes appear mainly in Parts F-IV and G-VII of the European Patent Convention Guidelines (the Patent Cooperation Treaty Guidelines are also available) and deal with the presentation of information eligibility and patentability. There is also a substantial revision of one example of eligible/non-eligible, patentable/non-patentable subject matter in CII, as asked and suggested by epi (see relevant article in epi Information 1/2017).
To what extent can inventions covering software be patented?
In general, software as such is not patentable (Section 1(2) of the Patents Act). However, it is possible to patent software as part of a patent whose subject matter is a process. Further, software is patentable if it has the potential to bring about, when run on a computer, a further technical effect that goes beyond the normal physical interactions between the program and the computer.
To what extent can inventions covering business methods be patented?
In general, business methods as such are not patentable (Section 1(2) of the Patents Act). That said, business methods can be patented as part of a patent whose subject matter is a process. However, jurisprudence shows that it is difficult to invent business methods that essentially differ from known methods, which is why patents are rarely granted for business methods.
To what extent can inventions relating to stem cells be patented?
Stem cells that have an inherent ability to create human life (so-called ‘totipotent stem cells’) cannot be patented, whereas pluripotent and multipotent stem cells can be patented, as they cannot create human life.
From 1 December 2017, it will become possible to validate European patents in Tunisia.
Until now, patent protection in Tunisia could only be obtained as a national patent filed directly or by national phase entry from a PCT application. From December, applicants wishing to file in Tunisia will be able to do so via a European patent application.