Biotechnological Inventions and the Patent Law: Outstanding Issues

1993 ◽  
Vol 11 (1) ◽  
pp. 229-262 ◽  
Author(s):  
R.S. Crespi
Keyword(s):  
Patent Law ◽  
Biotechnological Inventions

Development and Implications of Patent Law

2005 ◽  
Vol 2 (5) ◽  
Author(s):  
European Commission
Keyword(s):  
Stem Cells ◽  
Genetic Engineering ◽  
Cell Lines ◽  
Human Body ◽  
Legal Protection ◽  
Patent Law ◽  
Human Stem Cells ◽  
Working Paper ◽  
Key Events ◽  
Biotechnological Inventions

AbstractIntroductionThis is the second report pursuant to Article 16c of the Directive 98/44/EC of the European Parliament and of the Council of 6 July 1998 on the legal protection of biotechnological inventions and bears the title “Developments and implications of patent law in the field of biotechnology and genetic engineering” (hereinafter the “second 16c Report”).Its purpose is to set out the key events which have occurred since publication of the first 16c Report, and to comment on two issues identified in the latter: the scope of patents on sequences or partial sequences of genes which have been isolated from the human body; and the patentability of human stem cells and cell lines obtained from them. The Commission’s analysis is based on the Commission staff working paper SEC(2005)943.

Biotechnological Inventions

2016 ◽  
Author(s):  
Philip W. Grubb ◽  
Peter R. Thomsen ◽  
Tom Hoxie ◽  
Gordon Wright
Keyword(s):  
Interest Groups ◽  
Patent Protection ◽  
Recombinant Dna ◽  
Scientific Progress ◽  
Patent Law ◽  
Special Interest Groups ◽  
Recombinant Dna Technology ◽  
Biotechnological Inventions ◽  
Skilled Person ◽  
Antibody Technology

This chapter considers the law governing the patentability of biological inventions, including microbiological inventions, recombinant DNA technology, and monoclonal antibody technology. Patent protection for biotechnological inventions is of immense commercial importance. But patent law and practice have been unable to keep up with the rapid scientific progress in this field; issues such as inventive step, sufficiency of disclosure, and permissible breadth of claims have proved troublesome. There has been much litigation of biotech patents and courts have found it difficult in such a rapidly moving field to determine what was the general knowledge of the skilled person at the time that the invention was made. Another problem is the opposition of special interest groups to anything related to genetic engineering, particularly the existence of patents in this area.

11. Patentability

2019 ◽  
pp. 401-484
Author(s):  
Abbe Brown ◽  
Smita Kheria ◽  
Jane Cornwell ◽  
Marta Iljadica
Keyword(s):  
Intellectual Property ◽  
Patent Application ◽  
Computer Software ◽  
Patent Law ◽  
Controversial Issue ◽  
Inventive Step ◽  
Business Method Patents ◽  
Biotechnological Inventions

This chapter explores the criteria that are applied by an intellectual property office in examining a patent application. These applies to all forms for innovation and are novelty, inventive step, and industrial applicability. The chapter also explores additional requirements and barriers which apply in relation to biotechnological inventions, which has proved to be a particularly controversial issue in Europe, and the patentability of computer software and related inventions, such as business method patents. The chapter demonstrates the evolution in legal and policy thinking in these two fields, which provide a means to an understanding of developments in patent law in general.

scholarly journals Biotechnological Inventions and Patent Law: National and International Perspective

2016 ◽  
Vol 50 (3) ◽  
pp. 132-135
Author(s):  
Jyoti Rattan
Keyword(s):  
Intellectual Property Rights ◽  
Knowledge Society ◽  
Theoretical Perspective ◽  
International Perspective ◽  
Patent Law ◽  
Judicial Decisions ◽  
Biotechnological Inventions ◽  
Biotechnological Invention ◽  
Real Assets ◽  
Written Description

ABSTRACT In the knowledge society of 21st century, intellectual property rights (IPRs) are real assets and much more valuable and important than are materialistic assets like house, motor car, and so on. Patents are given for inventions which fulfill few important conditions, such as novelty, inventiveness, industrial application, and written description. Significantly, biotechnological invention involves monopoly over life or living beings or living processes, and morally and ethically these are considered to involve tinkering with life or nature. However, today, biotechnological inventions are patentable because of their benefits and utility to the industry. This article is a humble attempt to examine international and national law and judicial decisions relating to patents and biotechnological inventions from a theoretical perspective. How to cite this article Rattan J. Biotechnological Inventions and Patent Law: National and International Perspective. J Postgrad Med Edu Res 2016;50(3):132-135.

scholarly journals KILKA SŁÓW O AKSJOLOGII PRAWA KONKURENCJI A PRAWA PATENTOWEGO: ABSOLUTNA OCHRONA PATENTOWA WYNALAZKÓW BIOTECHNOLOGICZNYCH

2016 ◽  
Vol 13 (3) ◽  
pp. 177
Author(s):  
Joanna Uchańska
Keyword(s):  
Patent Protection ◽  
Competition Law ◽  
Comprehensive Analysis ◽  
Patent Law ◽  
Final Part ◽  
Two Systems ◽  
The Absolute ◽  
The Law ◽  
Principle Of Proportionality ◽  
Biotechnological Inventions

A FEW REMARKS ON THE AXIOLOGY OF COMPETITION LAW AND PATENT LAW: THE ABSOLUTE PATENT PROTECTION OF BIOTECHNOLOGICAL INVENTIONSSummary This paper discusses the important issue of the dependence of patent law on competition law, and their relations. The author carries out a comprehensive analysis of the axiomatic foundations of these two systems. She starts by putting a hypothesis that patent law and competition law are complementary. Both are a remedy for the shortcomings of the market, each in a different, but complementary way acting as tools in a mechanism to stimulate innovation. Subsequently, the paper presents the patent protection of biotechnological inventions, in particular its sensitive aspect, namely the absolute protection of biotechnological inventions. Hence she goes on to discuss various standpoints on the patent protection of biotechnological inventions. In the final part of the article she presents the well-nigh inevitable clash between the absolute protection of biotechnological inventions and the law on protection of competition. The article also shows that competition law is in conflict with the axiological foundations of patent protection, in prejudice to the principle that patent protection is a system envisaged for the benefit of society as a whole and should be established and performed using the principle of proportionality.

scholarly journals Experience of EU countries on ethical aspects of patenting biotechnologies in the field of medicine and pharmacy

2021 ◽  
Author(s):  
Olena Ponomarova
Keyword(s):  
Scientific Community ◽  
Human Gene ◽  
Patent Law ◽  
Controversial Issues ◽  
Ethical Aspects ◽  
Social Challenges ◽  
Financial Costs ◽  
Biotechnological Inventions ◽  
The Eu

Keywords: patenting, ethics, biotechnological inventions, medicine, pharmaceuticals,health The progress ofmodern biotechnological achievements poses new ethical and social challenges to society.Research using biotechnology in medicine and pharmacy leads to more in-depthknowledge of diseases. With the help of biotechnology, it becomes possible to treatpreviously incurable diseases. It is worth noting that today with the possibility ofusing biotechnological developments, the scientific community in a very short timewas able to successfully invent vaccines against COVID-19.During clinical trials, the safety of study subjects should be unneglected for therapid introduction of the product to the market. Ethics and innovation in modern societyalways go hand in hand, especially in the field of health care. The worldwidespread of COVID-19 underscores the importance of maintaining a balance betweenethics and intellectual property rights when human lives are in mortal danger.Society is concerned about the ethics of patenting life, namely, the possibility ofpatenting genes, cell lines and human tissues. The Directive states that the humanbody cannot be invented at certain stages of its formation and development, includinggerm cells, as well as the simple discovery of one of its components, including the sequenceor partial sequence of a gene.Patents that relate to the human gene are particularly critically examined ethically.Ethics, morality, and law are interrelated components and are extremely importantfor society to accept the invention. EU patent law is based on ethical principles. Thus, theadoption of the Directive was envisaged for the development of the EU economy, the abilityto regulate controversial issues regarding the patenting of biotechnological inventionsby criteria of ethics and morality and to harmonize EU legislation.Owners who run biotechnology institutions (organizations) must protect the results ofresearch, and obtaining patents is the most effective way. After all, long-term researchand development of new products or processes require significant financial costs. The intellectualproperty product must be protected by a patent, including biotechnological inventions.

22. Infringement

2018 ◽  
Author(s):  
L. Bently ◽  
B. Sherman ◽  
D. Gangjee ◽  
P. Johnson
Keyword(s):  
Patent Law ◽  
Patent Infringement ◽  
Indirect Infringement ◽  
The Law ◽  
Biotechnological Inventions ◽  
Scope Of Protection

This chapter deals with patent infringement and the scope of protection that the law provides to patent owners. It discusses three criteria that are used to determine whether a patent has been infringed: the types of activity that constitute an infringement; whether the activity in question falls within the scope of the patent monopoly; and whether the defendant is able to invoke any of the defences that are available to them. After noting the distinction between direct and indirect infringement based on patent law, the chapter turns to the scope of protection for biotechnological inventions, patents for a process, and novelty-of-use patents. It then considers the grounds on which patentees may find liability for infringement. Relevant provisions that are found in the Patents Act 1977 and the European Patents Convention are also addressed.

11. Patents I

2017 ◽  
Author(s):  
Tanya Aplin ◽  
Jennifer Davis
Keyword(s):  
Subject Matter ◽  
Industrial Application ◽  
Patent Law ◽  
Patent Rights ◽  
History Of ◽  
Patentable Subject Matter ◽  
Ordre Public ◽  
Application Requirements ◽  
Biotechnological Inventions ◽  
Production Software

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter begins with an overview of the history of UK patent law. It then discusses: justifications in support of patent rights; sources of patent law; obtaining a patent; patentable subject matter; exclusions from patentability relevant to biotechnological inventions (e.g. plant and animal varieties and non-microbiological processes for their production; software and business methods; and inventions that are contrary to ordre public or morality); industrial application requirements for patentability; and methods of medical and veterinary treatment.

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