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.

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 Current topics in biotechnology patent law: The written description requirement

2005 ◽  
Vol 11 (4) ◽  
Author(s):  
Benjamin A Adler
Keyword(s):  
Patent Protection ◽  
Legal Protection ◽  
Patent Law ◽  
Molecular Medicine ◽  
Court Cases ◽  
Research Institutions ◽  
Legal Decisions ◽  
Biotechnology Companies ◽  
Biotechnological Inventions ◽  
Written Description

Universities and medical research institutions are as interested in securing patent protection for their biotechnological inventions as pharmaceutical and biotechnology companies. Obtaining adequate patent protection by universities and research institutions has been hampered by the 'embryonic' nature of its inventions. This problem is particularly noticeable in the fields of biotechnology and molecular medicine. This paper focuses on recent court cases in US biotechnology patent law and analyses the effects of the legal decisions on the effort by universities and research institutions to secure meaningful legal protection for biotechnological inventions.

scholarly journals REVIEWING INTERNATIONAL PATENT POLICY ON BIOTECHNOLOGICAL INVENTIONS AND THE ADEQUACY OF EQUITABLE BENEFIT SHARING PRINCIPLE

2020 ◽  
Vol 11 ◽  
pp. 203-224
Author(s):  
Nurul Barizah
Keyword(s):  
Patent Protection ◽  
Industrial Revolution ◽  
Patent Law ◽  
Benefit Sharing ◽  
Patent Policy ◽  
Prior Informed Consent ◽  
Disclosure Requirements ◽  
International Patent ◽  
Convention On Biodiversity ◽  
Biotechnological Inventions

The purpose of this study is to review international patent policy related to biotechnological inventions, particularly from the Venetian Patent Law to the TRIPs Agreement. It closely examines whether such inventions fulfill the patentability thresholds and analyses the reason why such patents are regarded as having the potential to cause facility misappropriation of biodiversity, which is considered unfair. The most important part of this study is the adequacy analysis of the principles of equitable benefit sharing of the Convention on Biodiversity (CBD), including disclosure requirements and prior informed consent (PIC), to prevent misappropriation of biological resources in this era of fourth industrial revolution. This study is based on normative legal research method and uses primary and secondary legal resources. The analysis conducted for this study employed several approaches, which are: statute, conceptual, and historical approaches. This study found that patent protection for biotechnological inventions has received justification since the Paris Convention. However, the current international patent policy has a potential to facilitate misappropriation of biodiversity and it is regarded as unfair. On the other hand, equitable benefit sharing principle is still inadequate in dealing with such misappropriation. It advises the requirement of mandatory disclosure of origin to be regulated under national law as a legal basis for implementing equitable benefit sharing principle.

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