ABSTRACT
This chapter examines the European Patent Convention against the background and aims of the Strasbourg Convention. In terms of morality, national patent practice in the United Kingdom (UK) is examined and shows that a 'light' regime, largely concerned with personal morality, was historically adhered to. The Consultative Assembly of the Council of Europe in Recommendation Number 23 of 8 September 1949 proposed the drafting of a convention on the creation of a European patent office. The Strasbourg negotiations were conducted between Council of Europe countries, which included the original six European Economic Community (EEC) Member States, and European Free Trade Area (EFTA) countries. The legislative histories of the Strasbourg Convention 1963 and the European Patent Convention 1973 reveal an intention on the part of the drafters to continue national practice in respect of powers to refuse patents on the basis of morality.
