From poiqwe@excite.com  Tue Nov 21 16:35:41 2000
Date: Tue, 21 Nov 2000 08:35:41 -0800 (PST)
From: Erik Josefsson poiqwe@excite.com
Subject: [Patents] swedish considerations

Hej.

The Swedish delegation has some opinions on BASIC PROPOSAL and they were
published today at:
www.european-patent-office.org/epo/dipl_conf/documents.htm

One thing seems to be good:
"On one subject, the Swedish delegation is forced to express even stronger
doubts. This is regarding the suggested amendment to Articles 33 and 35. Fo=
r
both political and constitutional reasons, the Swedish delegation is very
hesitant about whether Sweden can accept these amendments...  ...Our
principal doubts have already been expressed above. The main problem is, of
course, the transfer of legislative powers from national parliaments to the
Administrative Council of the EPO."


BUT
Patents on computer programs are not mentioned and the only occurance of ar=
t
52 is here:

Basic proposal (art.105b[1])
(1) The European Patent Office shall
examine whether the requirements
laid down in the Implementing
Regulations for limiting or revoking
the European Patent have been met.

Swedish proposal (art.105b[1])
(1) The European Patent Office shall
examine whether the requested
amendment of the claims limits the
patent, whether the requirements
of Article 84 are met and whether
the further requirements laid down
in the Implementing Regulations for
limiting or revoking the European
Patent have been met. The
European Patent Office shall not
examine whether the subject-matter
of the limited patent is
patentable under Articles 52 =96 57.

What does this mean? I can't tell if revision of art 52 is too be postponed
from this or from somewhere else in the text.

//Erik





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