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Newsletters and Bulletins / March 1999 / European Patent Office
 

European Patent Office (EPO) - Possible Revision of European Patent Convention

The EPO is considering revision of the European Patent Convention and comments have been requested from interested bodies. Among the more interesting topics on which amendment is being considered are the following:

1. whether to remove or modify the prohibition on protection of computer programs "as such" and possibly other excluded classes of subject matter;

2. whether to change the present provision which provides that a prior unpublished European application has a prior art effect against a later-filed application by the same applicant;

3. whether the grounds of opposition should be changed, in view of a growing sentiment that these should at least be amended to allow for a challenge to a granted patent on the ground that its claims are unclear or not properly supported by the description;

4. whether the present law on amendments should be changed; and

5. whether the present division between search and examination should be changed.


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