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“Comparing the EPC and US patent law, how have exceptions and exclusions to
patentability evolved in both legal systems and what have been the effects in terms
of narrowing or expanding the scope of patentable subject matter?”
*** This one I have to do resit as last time I did not get pass but exactly the same topic. You can find it in the attached and I give you the feedback from the professor as well
The essay demonstrates a sound level of understanding of key concepts of European and U.S. patent law. The essay partially answers the question by focusing primarily on the patentability of computer implemented inventions. The essay omits discussion of ordre public or morality exceptions under the EPC and also exceptions relating to plant and animal varieties. The essay does not provide full citations to cases in the footnotes, nor does it provide page references for the limited number of secondary sources mentioned (e.g. Stem, 2020, Ferros, 2010). As such, the essay does not fully present evidence based arguments in a way expected for the LLM. On the patentability of computer implemented inventions under the EPC, the essay omits crucial developments post VICOM/IBM in terms of the PBS/Hitachi approach. As such, it is not possible to confirm that the candidate has understood fully the current approach of the EPO to CII inventions. The essay mentions inter alia the Chakrbarty, Bilski and State Street cases in the U.S. without engaging in an analysis of how the U.S. courts’ approach has evolved post Prometheus, Myriad or Alice. Instead, the structure of the U.S. section of the essay is confusing and unclear with extraneous information and irrelevant facts. Instead of a concussion and prescriiptive approach, the essay then concludes with a table (derived from Ilijovaski, 2020. This leaves little impression of the candidate’s own analysis or original research findings. The essay, regrettably, fails to meet the standards required for the LLM in an number of respects.
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