Re: [Patents] community patent

[Xavi Drudis Ferran <xdrudis@tinet.org>]

El Tue, May 13, 2003 at 12:49:59PM +0200, Hartmut Pilch deia:
> > > And in overall it is also difficult to understand... EPC (which
> > > does not allow to patent programs) and this planned directive??
> > > Which one will be more important? EPO will follow which one?
> > > Courts will follow which?
> >
> > There are 2 directive, IIRC they are not contradictory with each other,
> > courts
> > may follow both. The swpat directive is in contradiction with the EPC.
> > I think the EPC will have to be changed (or has already?, I think not)
> > to include the EU as a contracting "state" for the swpat Directive,
> > but this is already contemplated in the directive.
> 
> If the directive is passed, it will supersede Art 52 EPC.  Older laws are
> superseded by newer laws, even if they are still in force.  Even without
> the new law, many patent courts have, under the leadership of the EPO,
> been happy to twist Art 52 EPC into meaninglessness.
> 

sorry, it's an stupid mistake. I meant 

I think the EPC will have to be changed (or has already?, I think not)
 to include the EU as a contracting "state" for the _community patent_ 
Directive,
 but this is already contemplated in the directive.



-- 
Xavi Drudis Ferran
xdrudis@tinet.org