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Sustainability by design, blocked by patent law- The EPC barrier to green chemistry in the EU pharmaceutical sector

Shabanu, Dilshana LU (2025) HARN63 20251
Department of Business Law
Abstract
This thesis examines if the European Patent Convention (EPC) supports or impedes
the patentability of green chemistry innovations in pharmaceuticals.. The research is
motivated by the growing urgency to align intellectual property systems with
environmental objectives under EU law.
Using the doctrinal analysis, it evaluates how the European Patent Office (EPO)
interprets the EPC’s core requirements; inventive step and industrial applicability
(Article 56 and 57 EPC) and whether these interpretations disadvantage ecologically
beneficial innovations. This study integrates the compatibility of the COMVIK
approach and related EPO jurisprudence with the EU’s legal obligations to integrate
environmental protection (Article 11 TFEU,... (More)
This thesis examines if the European Patent Convention (EPC) supports or impedes
the patentability of green chemistry innovations in pharmaceuticals.. The research is
motivated by the growing urgency to align intellectual property systems with
environmental objectives under EU law.
Using the doctrinal analysis, it evaluates how the European Patent Office (EPO)
interprets the EPC’s core requirements; inventive step and industrial applicability
(Article 56 and 57 EPC) and whether these interpretations disadvantage ecologically
beneficial innovations. This study integrates the compatibility of the COMVIK
approach and related EPO jurisprudence with the EU’s legal obligations to integrate
environmental protection (Article 11 TFEU, Article 37 EU Charter).
Findings reveal a structural bias in patent evaluations that favours therapeutic
efficacy while excluding sustainability as a relevant contribution to patentability.
This interpretation risks undermining EU climate goals and the incentives for green
pharmaceutical development.
This study addresses a critical research gap by demonstrating how current EPC
interpretation overlook ecological innovation, thereby contributing new insights to
the intersection of patent law, sustainability and EU policy.
This thesis concludes with reform proposals to incorporates environmental value into
patent law through updated EPO guidelines, fast-track mechanisms, and a broader
understanding of technical effect that includes ecological benefits. These reforms
would support the EU’s pharmaceutical strategy, Green Deal and Circular Economy
Action Plan. (Less)
Please use this url to cite or link to this publication:
author
Shabanu, Dilshana LU
supervisor
organization
course
HARN63 20251
year
type
H1 - Master's Degree (One Year)
subject
keywords
European Patent Convention, sustainability, Green chemistry, Pharmaceutical innovation, EPO jurisprudence, Patent Law, Environmental protection and EU climate Goals.
language
English
id
9212661
date added to LUP
2025-09-22 10:52:37
date last changed
2025-09-22 10:52:37
@misc{9212661,
  abstract     = {{This thesis examines if the European Patent Convention (EPC) supports or impedes
the patentability of green chemistry innovations in pharmaceuticals.. The research is
motivated by the growing urgency to align intellectual property systems with
environmental objectives under EU law.
Using the doctrinal analysis, it evaluates how the European Patent Office (EPO)
interprets the EPC’s core requirements; inventive step and industrial applicability
(Article 56 and 57 EPC) and whether these interpretations disadvantage ecologically
beneficial innovations. This study integrates the compatibility of the COMVIK
approach and related EPO jurisprudence with the EU’s legal obligations to integrate
environmental protection (Article 11 TFEU, Article 37 EU Charter).
Findings reveal a structural bias in patent evaluations that favours therapeutic
efficacy while excluding sustainability as a relevant contribution to patentability.
This interpretation risks undermining EU climate goals and the incentives for green
pharmaceutical development.
This study addresses a critical research gap by demonstrating how current EPC
interpretation overlook ecological innovation, thereby contributing new insights to
the intersection of patent law, sustainability and EU policy.
This thesis concludes with reform proposals to incorporates environmental value into
patent law through updated EPO guidelines, fast-track mechanisms, and a broader
understanding of technical effect that includes ecological benefits. These reforms
would support the EU’s pharmaceutical strategy, Green Deal and Circular Economy
Action Plan.}},
  author       = {{Shabanu, Dilshana}},
  language     = {{eng}},
  note         = {{Student Paper}},
  title        = {{Sustainability by design, blocked by patent law- The EPC barrier to green chemistry in the EU pharmaceutical sector}},
  year         = {{2025}},
}