Finding a ‘Common Morality Codex’ for Biotech: A question of substance

As the implementation of the Community Patent Convention 1975 draws ever nearer,1 an increasingly pressing need to resolve the issue of morally assessing inventions across such a diverse range of national sensibilities arises. Without some form of "common morality codex",2 the European Patent Office and the new court regime are likely to encounter criticisms every time Art. 53(a) of the European Patent Convention 1973 (EPC)3 is *IIC 639 called into question.4 Although the cases that raise objections under this provision are rare in comparison with daily requirements for amendments under grant, opposition or infringement proceedings, this is no justification for perceiving the provision as being less in need of scrutiny than those utilised more frequently. All applicants under the patent system are entitled to as much certainty and clarity in the legal requirements they are constrained to comply with, as those very requirements demand of them in return.