EU Parliament Moves Against EPO "Designer Baby Patent"

Seth Johnson seth.johnson at
Thu Oct 27 00:46:06 UTC 2005

(This is significant not only in the subject matter of the
motion, but as a confrontation of the problematic relationship
between the EU Parliament and the EPO, wherein the EPO is not
actually subject to EU Parliament oversight -- being "not a
person" before the EPC is not really the key, so much as having
patent policy developed, judged and executed independently of the
representative legislative organ.  -- Seth)


2005-10: European Parliament to vote resolution against
EPO-granted "designer baby patent"

-> [ Priorities | News ]

The EPP (conservative) group in the European Parliament has
introduced a motion calling the Parliament to file an opposition
against a patent granted by the European Patent Office. The Legal
Service of the EP is against this, contending that the EP is not
a person in the sence of the European Patent Convention. Greens
are in favor.

    * EP resolution to be voted 2005-10-26

The motion was introduced by Klaus-Heiner Lehne MEP
( and somewhat amended
through compromises with other party groups.

In an unusual alliance on patents, both Lehne and the Green group
are in favor of filing an opposition at the European Patent
Office, whereas other MEPs such as Rainer Wieland (from Lehne's
CDU group) would rather pass a resolution that calls on the
Commission to file an opposition. The Parliament's Legal Service
also believes that the Parliament is, unlike the Commission, not
a legal person in the sense of the European Patent Convention.

The vote is scheduled for tomorrow wednesday 2005-10-26 at noon.

The question of whether to file opposition in the name of the EP
may be subject to oral amendments in the last minute. Apart fom
this, the resolution text seems to be settled.


Preliminary report: Most of the Motion was carried. Additionally,
and oral amedment saying "The EP decides to ask the European
Commission to file an objection to patent EP1257168 without
delay" was also carried.



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