THE EUROPEAN PATENT OFFICE AND THE EUROPEAN PATENT: AN... -
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Published on: 8/31/2007
Last Visited: 2/20/2009
Katrina McClatchey is a 2004 graduate of the University of Oklahoma College of Law and an associate at the Oklahoma City law firm of Dunlap, Codding & Rogers, P.C. Below, Ms. McClatchey discusses the function and jurisdiction of the European Patent Convention (EPC) treaty and the European Patent Office (EPO) that the treaty established.
The EPO issues a single patent that is enforceable in as many countries as the applicant wishes to designate.
This makes obtaining patent protection in many European countries not only possible but extremely efficient as well.
While the requirements for a European patent are similar to the requirements for a United States patent, Ms. McClatchey highlights some important distinctions of which biotechnologists should be aware.
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© 2004 Katrina McClatchey
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65 For a more comprehensive discussion on the application of the "plant varieties" exception, see Katrina McClatchey, The Effect of the "Onco-Mouse" Decisions on the Exception to Patentability for "Animal Varieties" Under the European Patent Convention, 2 Okla. J.L. & Tech. 22 (2004). [back]
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68 For a more comprehensive discussion on the application of the "animal varieties" exception, see Katrina McClatchey, The Impact of Novartis on the European Patent Convention's Exception to Patentability for "Plant Varieties," 2 Okla. J.L. & Tech. 21 (2004). [back]