Seven years after a Diplomatic Conference was held to propose changes to the European Patent Convention (EPC), we will finally see the new law (the EPC 2000) come into effect.
The existing EPC was first proposed in 1973 and has been in force since
1977, so the changes represent a significant milestone in the progress
of European patent law.
Some of the changes proposed at the Conference were straightforward,
some more controversial. One controversial proposal was to remove the
“programs for computers as such” exclusion from patentability,
currently in the EPC. In fact, that change proved too controversial,
and the exclusion remains in the new text. (Of course, European patents
can, in fact, be granted for software as long as the software provides
a “technical effect”, so we doubt whether removal or maintenance of
that wording will make a big difference in practice.)
An interesting addition in the new EPC is the provision for central
revocation and limitation of European patents. Currently, after grant,
a proprietor must apply separately to all the national states in order
to amend the claims of his patent. So, this change should reduce costs
and work for patent proprietors wishing to amend, and thus could be a
very useful new provision.
It looks almost certain that the new law will come into effect on 13
December 2007. The UK has already ratified the new law but there are a
number of European states which still need to do so. States that don’t
ratify before 13 December will find themselves no longer members of the
European Patent Convention, which could mean a change in the countries
that already granted European patents cover. No one is quite sure what
legal effect this may have…
Watch this space for more updates on progress of the EPC 2000.
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