Fragmentation and the European Patent System

claim construction ("Actavis v Eli Lily"), exceptions to patentability related to uses of human embryos for industrial or commercial purposes ("WARF, Brüstle, ISCC"), and products resulting from essentially biological processes ("Broccoli and Tomatoes II, G3/19"). Attempts towards convergence in these areas have had mixed results and in some instances fragmentation may be necessary. However, similar techniques to those applied in the international legal system to respond to fragmentation are being used in the EPS, and, where this is seen, it has been to good effect. It is argued that these methods should be recognised, structured, and promoted to make our response to fragmentation more effective."Fragmentation and the European Patent System" will be of interest to academics, students and practitioners looking for a new perspective on the EPS. [Publisher's Text]

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