A New Look At The European Patent: Limited Availability

The promulgation of the Proposed Draft Convention relating to a European Patent Law in December 1962,' by the member states of the European Economic Community, and the continuing controversy surrounding it since that time have raised important questions for European and American businessmen. One of the most controversial is the extent to which the new patent should be made "available" to nationals of states not parties to the proposed Convention. This article examines the question of "availability" from the standpoint of the interests of the EEC and its member states. Its objective is to demonstrate that although the legal arguments in favor of unlimited availability are strong, the primary consideration for the member states and for others interested in the Community's success should be the present need of the EEC for an agreement on a true Common Market Patent law.