(This is significant not only in the subject matter of the motion, but as a confrontation of the problematic relationship between the EU Parliament and the EPO, wherein the EPO is not actually subject to EU Parliament oversight -- being "not a person" before the EPC is not really the key, so much as having patent policy developed, judged and executed independently of the representative legislative organ. -- Seth)
2005-10: European Parliament to vote resolution against EPO-granted "designer baby patent"
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The EPP (conservative) group in the European Parliament has introduced a motion calling the Parliament to file an opposition against a patent granted by the European Patent Office. The Legal Service of the EP is against this, contending that the EP is not a person in the sence of the European Patent Convention. Greens are in favor.
* EP resolution to be voted 2005-10-26 (http://www.europarl.eu.int/omk/sipade3?TYPE-DOC=MOTION&REF=P6-RC-2005-05...)
The motion was introduced by Klaus-Heiner Lehne MEP (http://wiki.ffii.org/KlausHeinerLehneEn) and somewhat amended through compromises with other party groups.
In an unusual alliance on patents, both Lehne and the Green group are in favor of filing an opposition at the European Patent Office, whereas other MEPs such as Rainer Wieland (from Lehne's CDU group) would rather pass a resolution that calls on the Commission to file an opposition. The Parliament's Legal Service also believes that the Parliament is, unlike the Commission, not a legal person in the sense of the European Patent Convention.
The vote is scheduled for tomorrow wednesday 2005-10-26 at noon.
The question of whether to file opposition in the name of the EP may be subject to oral amendments in the last minute. Apart fom this, the resolution text seems to be settled. Timeline
2005-10-27
Preliminary report: Most of the Motion was carried. Additionally, and oral amedment saying "The EP decides to ask the European Commission to file an objection to patent EP1257168 without delay" was also carried.
2005-10-26
2005-10-25
Debate in JURI