scholarly journals After Brüstle : EU accession to the ECHR and the future of European patent law

2012 ◽  
Vol 2 (2) ◽  
pp. 110-135 ◽  
Author(s):  
Aurora Plomer
Keyword(s):  
Patent Law ◽  
European Patent ◽  
Eu Accession ◽  
The Future

scholarly journals Patent Eligibility: Exploring the Intersection Between Patent Law and Biomedical Data

2021 ◽  
Vol 21 (1) ◽  
Author(s):  
Erin A. Napoleon
Keyword(s):  
Patent Law ◽  
European Patent ◽  
Biomedical Data ◽  
The World ◽  
The Future ◽  
The U.S

The world was fundamentally changed by the rampant spread of COVID-19 in 2020. This is not the first and will not be the last time the world is faced with a pandemic. Thus, it is essential to  take the necessary steps now to be prepared in the future. This Note will address how patent law can protect inventions incorporating the biomedical data to prevent future pandemics. The Note compares U.S. and European Patent Regimes to determine which system is better at protecting biomedical data. Lastly, this Note proposes changes to the U.S. Patent Regime to help increase its compatibility with biomedical data.

Patents, Governance and Control: Ethics and the Patentability of Novel Beings and Advanced Biotechnologies in Europe

2021 ◽  
Vol 30 (3) ◽  
pp. 529-542
Author(s):  
Aisling McMahon
Keyword(s):  
Ethical Issues ◽  
Patent Law ◽  
European Patent ◽  
Human Consciousness ◽  
Patent Holder ◽  
Patented Invention ◽  
Patent Grant ◽  
And Control

AbstractThis article focuses primarily on to what extent novel beings, and particularly, beings which display something akin to human consciousness or agency would be (or should be) patentable under current European patent law. Patents grant the patent holder a right to exclude others from using the patented invention for the period of patent grant (usually 20 years). This allows the patent holder to control how that invention can or cannot be used by others downstream, granting patent holders a governance like function over the patented technology for the duration of the patent. Accordingly, the potential for patentability of novel beings gives rise to a myriad of ethical issues including: to what extent is it appropriate for patent holders to retain and exercise patents over “novel beings”; how issues of “agency” displayed by any “novel beings” would fit within the current patent framework, if at all; and to what extent existing exclusions from patentability might exclude patents on “novel beings” or whether changes within patent law may be needed if patents in relation to “novel beings” are deemed ethically problematic. This article focuses on such issues, and in doing so, also sheds light on the role of ethical issues within the patenting of advanced biotechnologies more generally.

scholarly journals The future of the European Union’s accession to the European Convention on Human Rights after Opinion 2/13: is it still possible and is it still desirable?

2015 ◽  
Vol 11 (2) ◽  
pp. 239-273 ◽  
Author(s):  
Tobias Lock
Keyword(s):  
Human Rights ◽  
European Convention ◽  
Eu Accession ◽  
The Future

EU Accession to the European Convention on Human Rights – Hurdles erected by Opinion 2/13 of 18 December 2014 – Analysis of soundness of the ECJ’s reasoning – Discussion of necessary changes to the Draft Accession Agreement – Criticism that not all obstacles can be removed by amending the Draft Agreement – Treaty change may be necessary – Question whether accession is worth it from a human rights perspective under these conditions

Mutagenesis, ‘essentially biological processes’ and patent exceptions

2021 ◽  
Vol 11 (2) ◽  
pp. 219-242
Author(s):  
Muriel Lightbourne
Keyword(s):  
Patent Law ◽  
European Patent ◽  
Biological Processes ◽  
Patent Office ◽  
European Law ◽  
The European Union ◽  
Court Of Justice ◽  
Recent Developments ◽  
Living Material ◽  
Council Of State

Recent developments in the field of European law, in relation to subject-matter consisting of living material, raise a string of basic issues as to the legal qualification of certain techniques used in agriculture and medicine, such as CRISPR-Cas9, and regarding their appraisal under European patent law. The present article reviews a series of decisions, including the decision of the Court of Justice of the European Union in case C-528/16, the decision issued on 7 February 2020 by the French Council of State and the Opinion of the European Patent Office Enlarged Board of Appeal of 14 May 2020 on Referral G 3/19.

‘Copyright Work and its Definition with Regard to Originality and AI’ – Conference Report on the Fourth Binational Seminar of TU Dresden and Charles University in Prague, 27 June 2019

2020 ◽  
Vol 69 (1) ◽  
pp. 39-45
Author(s):  
David Linke ◽  
David Petrlík
Keyword(s):  
Artificial Intelligence ◽  
Conference Report ◽  
Patent Law ◽  
The Third ◽  
The Future ◽  
Bill Gates ◽  
New Challenges ◽  
Definition Of

Abstract Bill Gates once wrote ‘I am in the camp that is concerned about super intelligence’ and positioned himself on the question of Artificial Intelligence.1 Mr Gates was, however, concerned about the future of AI in order to be able to supply not only intelligent but also exceptional products. Following the third binational seminar in November 2018 on the topic ‘Software and Artificial Intelligence – Old and New Challenges for Patent Law’,2 colleagues from the IGETeM, TU Dresden and Charles University in Prague met in Dresden on 27 June 2019 to focus on this question from the perspective of copyright. They also dealt with other current issues involving copyright, such as definition of work and the notion of originality.

Biodegradable Materials Application: Experience of the Russian Technological Platform “Medicine of the Future”

2016 ◽  
Vol 683 ◽  
pp. 440-446
Author(s):  
Ilia P. Kaminskii ◽  
Anna V. Lozhnikova ◽  
Gennadiy G. Fomin ◽  
Mikhail Chikov
Keyword(s):  
Composite Materials ◽  
Materials Science ◽  
European Patent ◽  
Medical Applications ◽  
Industrial Property ◽  
Biodegradable Composite ◽  
Federal Institute ◽  
Inventive Activity ◽  
The Future ◽  
Medical Materials

This paper describes the establishment of the new joint laboratory for medical materials science in Tomsk in the framework of the Technology Platform “Medicine of the Future”. The objective of this paper is to analyze the promising research areas within Medicine and Healthcare in the field of medical materials science. The study has been carried out using patent analysis and the method of critical technologies. The research object is the science and technology thematic area “biodegradable composite materials for medical applications”. According to the analysis of patent databases of the Federal Institute of Industrial Property (Russia) and the European Patent Office, the authors have made conclusions concerning the level of inventive activity with regard to “biodegradable composite materials for medical applications”, and determined the common and distinct country features of patent activity in medical materials science. Besides, the authors have suggested a new approach to improving the inventive activity in Russia and abroad, based on the method of critical technologies.

Towards a Pro-active Approach Concerning the Intersections between the Jordan Patents of Invention Law, United States Patent Law and European Patent Convention

2011 ◽  
Vol 25 (1) ◽  
pp. 71-87
Author(s):  
Zein J. Razem ◽  
Qais Ali Mahafzah
Keyword(s):  
United States ◽  
The United States ◽  
Patent Law ◽  
European Patent ◽  
United States Patent ◽  
European Patent Convention ◽  
Active Approach ◽  
Patent Laws ◽  
The World ◽  
States Patent

AbstractAttempts to harmonize patent laws worldwide have increased, leaving bits of argumentative issues untouched in the patent systems under scrutiny. However, diversity can sometimes prove desirable since majority rule is not always right and the minority wrong. Sometimes a part is more righteous than the whole. This research focuses on areas where the Jordan Patents of Invention Law, United States Patent Law, and the European Patent Convention intersect. It concludes that although most countries, including Jordan, follow a different path than that taken by the United States, it may be unnecessary for the United States to change its system in order to be in sync with the rest of the world. Thus, it may prove advantageous to have two separate systems that can provide different patent protections where humanity achieves progression and development.

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