As we heard in rumors earlier, the court and its general advocate finds patent granting too isolated from EU-law and oversight. Hear-Hear!
I'd say its a win for FFII:s fight against an independent EPO-patent granting machine. IPjur and ipkitten comments.
Now we have to watch how the EU-Council will try to circumvent this statement. They apparently kept this document from the public since May.
Ugly EU-Council politics is trying to give the EPO immunity in patent granting on abstract matters. That would be a big disaster for EU-innovation.
It is the AG, not the ECJ.
ReplyDeleteAnyway, as the result is not salamonic it reveals while many delegations were keen to withdraw the request for an ECJ opinion.
The approach is to create EU jurisdiction which is shielded against EU influence and where all power rests at the EPO. A very complicated model. The EU should rather harmonize national patent laws first, the EPC does not harmonise substantive patent law.
Ah, I thought they where some sub division... Thanks!
ReplyDelete