ABSTRACT

This chapter traces the origin and internationalisation of patent law, focusing on two European jurisdictions: the European Patent Organisation and the European Union. It first sets out the international instruments and shows that morality, which originally did not feature in the legislative framework, has now become a mandatory consideration for patent officials at the European Patent Office(EPO) (and in EU states) to weigh up where a patent application potentially raises this issue. It discusses the historical origins of the morality clause and touches also on international and European human rights legislation. The position of morality in the case law, especially at the EPO is examined critically.