The Europeanisation of UK Patent Law

The European Patent Convention (EPC) has been in force for over 30 years and has had a dramatic influence on the patent law of the UK. Most patents are now granted via the European route and English judges have said that the EPC should be regarded as the primary source of patent law for the UK. However, the EPC does not itself have provisions on infringement, which were included in the Community Patent Convention which has never come into force. In some other areas English judges have shown themselves reluctant to follow the lead of the EPO. This talk will look at some recent decisions to see the extent of the influence of the EPO Boards of Appeal on the English courts. Have English judges fully adapted to the idea of following the EPO or do they only do so where they think it is appropriate?