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Biopatent Law: European vs. US Patent Law by Ulrich Storz,Martin Quodbach,Scott D. Marty,Derek E. Constantine,Matthew Parker Pdf
SpringerBriefs in Biotech Patents presents timely reports on intellectual properties (IP) issues and patent aspects in the field of biotechnology. This volume focus on particular aspects of the US patent law, which can have tremendous differences compared to the European law. This includes questions of biopatent prosecution, novelty, inventive step, written disclosure and sufficiency of enablement as well as questions of law enforcement of biotech patents.
Biotechnology, Patents and Morality by Sigrid Sterckx Pdf
This title was first published in 2000. This work documents an international and interdisciplinary workshop on the ethical aspects of the patenting of biotechnological inventions, including genes, plants and animals. The public perception is discussed, along with how these perceptions relate to ethical, social and cultural factors. The legal framework in Europe is laid out by several experts in the field of patent law and the situation in the US is also briefly described. This edition also includes a general discussion of three important theories called upon to justify the patent system: the natural rights argument; the distributive justice argument; and the utilitarian argument. The chapter about the European Directive on the legal protection of biotechnological inventions has been updated. A selection of provisions from the August 1997 draft as well as the final text of the Directive, as adopted on 12 May, 1998, are discussed and commented upon. The patent provisions of the TRIP's Agreement (the Agreement on Trade Related aspects of Intellectual Property rights, concluded in 1994 as an Annex to the Agreement Establishing the World Trade Organization) are also discussed and criticized, paying particular attention to the implications for biotechnology patents. Finally, the question is asked whether the developing countries stand to gain anything from TRIPs. A look at the results of empirical research, conducted by commentators on the economics of patenting, reveals that the new patent regime may prove to entail significant costs for the developing countries. This second edition also contains material on the EU Directive on biotechnology patents adopted in May 1998, justificatory theories of the patent system and the TRIP's agreement on Trade Related aspects of Intellectual Property rights, concluded in the GATT (WTO) framework.
Author : Claude E. Barfield,John E. Calfee Publisher : A E I Press Page : 116 pages File Size : 50,9 Mb Release : 2007 Category : Law ISBN : 0844742562
Biotechnology and the Patent System by Claude E. Barfield,John E. Calfee Pdf
American patent law has reached an unprecedented crossroads, prodded by a landmark Supreme Court decision this spring and the prospect of sweeping new federal legislation this fall. At this critical time, Biotechnology and the Patent System: Balancing Innovation and Property Rights provides a timely look at the complex issues involved in making patent law for cutting-edge high-tech industries such as the biotechnology and computer software sectors.
Biotechnology and Intellectual Property Rights by Kshitij Kumar Singh Pdf
This book offers a valuable contribution to contemporary legal literature, providing deep insights into the interface between law and genetics, highlighting emerging issues and providing meaningful solutions to current problems. It will be of interest to a broad readership, including academics, lawyers, policy makers and scholars engaged in interdisciplinary research. In the context of examining and analyzing the legal and social implications arising from the recent conjunction of biotechnology and intellectual property rights, the book particularly focuses on human genes and gene variations. Emphasis is placed on “patent law,” as a considerable percentage of genetic inventions are covered by patents. The book presents a comparative and critical examination of patent laws and practices related to biotechnology patents in the United States, Canada, European Union and India, in order to gather the common issues and the differences between them. The international patent approach regarding biotechnology is also analyzed in light of the constant conflict between differentiation and harmonization of patent laws. The book highlights the potential gaps and uncertainties as to the scope of numerous terms such as invention, microorganisms, microbiological processes, and essential biological processes under TRIPS. Also analyzed are the social and policy implications of patents relating to genetic research tools and genetic testing. The intricacies involved in providing effective intellectual property protection to bioinformatics and genomic databases are also examined. Bearing in mind the collaborative nature of bioinformatics and genomic databases, the book evaluates the pros and cons of open biotechnology and assesses the implications of extending intellectual property rights to human genetic resources, before explaining the ownership puzzle concerning human genetic material used in genetic research.
Marine Biotechnology and Patents by Bevis Fedder Pdf
Essay from the year 2008 in the subject Law - Comparative Legal Systems, Comparative Law, grade: 1, University of Bremen, course: Seminar, 54 entries in the bibliography, language: English, abstract: Major industries relating to inventions in marine biotechnology increasingly apply for patents. Most patents are applied for inventions that are derived from terrestrial biotechnology. However, it is recognized that marine biotechnology offers a high potential to yield inventions as well. Marine biotechnology can be divided into two main areas. First, development of commercially viable drugs obtained from marine bioprospecting and, second, development of marine genetically modified organisms for aquacultural and environmental purposes. A patent means intellectual protection for an invention. Intellectual protection confers the exclusive right upon the patent holder to sell the right of utilization of the invention to interested parties. The selling of licenses provide one important way of receiving revenues for the research done for the invention. The prospect of potential revenues provide the incentive for investment into biotechnological research and subsequent patenting of inventions arising thereof. The overall aim of this work is to illustrate the close interrelationship of science and law by using marine biotechnology and patents as an example. Section two provides an overview on the scientific side of marine biotechnology. It will define marine biotechnology and investigate current advancements in marine biotechnology. Additionally, it roughly explains the international patent system governing inventions in the biotechnological area and provide examples on patents related to marine biotechnology. Section three illustrates the criticism expressed against life form patents in marine as well as terrestrial biotechnology. It will describe the most important cases that have fueled controversial debates on life form patents until today. [...]
Biotechnological Inventions and Patentability of Life by Andrea Stazi Pdf
In todayês technological world, biotechnology is one of the most innovative and highly invested-in industries for research, in the field of science. This book analyses the forms and limitations of patent protection recognition for biotechnological inve
Patenting Biotechnical Innovation by Hawkins, Naomi Pdf
This book examines patent law and policy in biotechnology across the full lifecycle of the patent, focusing on the patent bargain and the public interest. It considers the central issues of how to strike an effective balance of rights, and whether public interest is adequately safeguarded - two issues that are particularly important in areas of rapidly emerging technology.
Intellectual Property and Biotechnology by Matthew Rimmer Pdf
Dr Rimmer s book is a marvellous introduction to a crucial topic of our time. He writes engagingly, provocatively and always with good humour. A highly technical and complex area of law has been reduced to clear descriptions and searching analysis. Truly, this is an important book on an essential topic that will help define the ethics of a future that includes nothing less than the future of our species. From the foreword by the Hon Justice Michael Kirby AC CMG, the High Court of Australia . . . the author has done an excellent job by explaining the subject in an open and accessible manner. This book is a timely and very thought-provoking analysis of patent law and biotechnology. . . The book is a unique theoretical contribution to the controversial public debate over commercialization of biological inventions. . . there is an extensive bibliography. . . a valuable resource for further reading. The book will be of prime interest to lawyers and patent attorneys, scientists and researchers, business managers and technology transfer specialists. Journal of Intellectual Property Rights Rimmer s book is highly recommended for anyone interested in the issues and debate related to biological inventions, regardless of which side the reader is on. Stefan M. Miller, Journal of Commercial Biotechnology . . . this book gives an excellent account of the most celebrated biotechnology cases from three continents, and for this alone is to be thoroughly recommended. David Rogers, European Intellectual Property Review Rimmer has put a great deal of thought and effort into this series of chapters. For those looking at how to reform, direct and develop laws in relation to biotechnology, this book is brimming with ideas, suggestions and recommendations of what to do next. Rebecca Halford-Harrison, Chartered Institute of Patent Attorneys . . . an excellent introduction to a wide range of legal thinking in an increasingly controversial and relevant area to humankind. Sharon Givoni, Australian Intellectual Property Law Bulletin Rimmer s new book is a timely and very thought-provoking analysis of patent law and biotechnology and asks a very serious question: can a 19th century patent system adequately deal with a 21st century industry? Kate McDonald, Australian Life Scientist This book documents and evaluates the dramatic expansion of intellectual property law to accommodate various forms of biotechnology from micro-organisms, plants, and animals to human genes and stem cells. It makes a unique theoretical contribution to the controversial public debate over the commercialization of biological inventions. The author also considers the contradictions between the Supreme Court of Canada rulings in respect of the Harvard oncomouse, and genetically modified canola. He explores law, policy, and practice in both Australia and New Zealand in respect to gene patents and non-coding DNA. This study charts the rebellion against the European Union Biotechnology Directive particularly in respect of Myriad Genetics BRCA1 and BRCA2 patents, and stem cell patent applications. The book also considers whether patent law will accommodate frontier technologies such as bioinformatics, haplotype mapping, proteomics, pharmacogenomics, and nanotechnology. Intellectual Property and Biotechnology will be of prime interest to lawyers and patent attorneys, scientists and researchers, business managers and technology transfer specialists.
Biotech Patents:Equivalency and Exclusions Under European and U. S. Patent Law by Li Westerlund Pdf
An academic work, this volume examines patent and intellectual property laws with reference to the biotechnical industries in both Europe and the United States.
The Role of Intellectual Property Rights in Biotechnology Innovation by David Castle Pdf
. . . recommended to anyone interested in the thrilling subject of the relationship of IPRs and innovation. Ralf Uhrich, Journal of Intellectual Property This is an outstanding piece of scholarship. It will serve as a powerful stimulant for new research in the field and as a reliable guide for practitioners. Calestous Juma, Harvard University, US Intellectual property rights (IPRs), particularly patents, occupy a prominent position in innovation systems, but to what extent they support or hinder innovation is widely disputed. Through the lens of biotechnology, this book delves deeply into the main issues at the crossroads of innovation and IPRs to evaluate claims of the positive and negative impacts of IPRs on innovation. An international group of scholars from a range of disciplines economic geography, health law, business, philosophy, history, public health, management examine how IPRs actually operate in innovation systems, not just from the perspective of theory but grounded in their global, regional, national, current and historical contexts. In so doing, the contributors seek to uncover and move beyond deeply held assumptions about the role of IPRs in innovation systems. Scholars and students interested in innovation, science and technology policy, intellectual property rights and technology transfer will find this volume of great interest. The findings will also be of value to decision makers in science and technology policy and managers of intellectual property in biotechnology and venture capital firms.
It s really excellent: an invaluable source of information and highly readable too. Sir John Sulston, University of Manchester, UK and Winner of the 2002 Nobel Prize in Physiology or Medicine . . . this is a book that every policymaker even remotely connected to issues of patents, economics, and biotech should read. This book is essential ammunition for those who oppose gene patenting, and lays out the legal case expertly. David Koepsell, Delft University of Technology, The Netherlands, reviewed in SCRIPTed The book is of interest to judges, patent attorneys and lawyers and policy-makers in this field. . . The first part is a fascinating and well researched historical study of patenting. . . The second part of the book is interesting and the author raises some very important points. . . a very valuable contribution to the debate of the scope of patent monopolies. David Rogers, Legal Member, Boards of Appeal, European Patent Office, Germany, reviewed in European Intellectual Property Review Gene Cartels is a truly magisterial and important book. It shows how we need to bring together the discrete threads around intellectual property law (ie patent, copyright, etc) so there can be a clear spotlight on the important public policy issues. Terry Cutler, Principal, Cutler & Company and Chair, Review of the National Innovation System, Australia . . . provides an estimable addition to a growing library of texts diagnosing the maladies of the existing IPR system and offering well attested cures. [It] demands the widest possible readership not just amongst the IPR community, but amongst economists and social scientists, policy officials in both developed and developing countries, and business people everywhere. John A. Mathews, LUISS Guido Carli University, Italy Gene Cartels is a valuable book for the scientist providing, in an elegantly scholarly style, deep insights into the origins, history, evolution and current status of patent systems. It also discloses features that can lead, in effect, to a misuse of power. From the foreword by Baruch S. Blumberg, Fox Chase Cancer Center, Philadelphia and University of Pennsylvania, US and Winner of the Nobel Prize in Physiology or Medicine 1976 Starting with the 13th century, this book explores how patents have been used as an economic protectionist tool, developing and evolving to the point where thousands of patents have been ultimately granted not over inventions, but over isolated or purified biological materials. DNA, invented by no man and once thought to be free to all men and reserved exclusively to none , has become cartelised in the hands of multinational corporations. The author questions whether the continuing grant of patents can be justified when they are now used to suppress, rather than promote, research and development in the life sciences. Luigi Palombi demonstrates that patents are about inventions and not isolated biological materials, which consequently have no bona fide purpose in the innovations of biotechnological science. This book will be important reading for anyone who has an interest in the role that patents have played in economic development particularly historians, economists and scientists. It will also be of great interest to law academics, lawyers, judges and policymakers.
National Research Council,Policy and Global Affairs,Board on Science, Technology, and Economic Policy,Committee on Intellectual Property Rights in the Knowledge-Based Economy
Author : National Research Council,Policy and Global Affairs,Board on Science, Technology, and Economic Policy,Committee on Intellectual Property Rights in the Knowledge-Based Economy Publisher : National Academies Press Page : 186 pages File Size : 52,8 Mb Release : 2004-09-01 Category : Science ISBN : 9780309182218
A Patent System for the 21st Century by National Research Council,Policy and Global Affairs,Board on Science, Technology, and Economic Policy,Committee on Intellectual Property Rights in the Knowledge-Based Economy Pdf
The U.S. patent system is in an accelerating race with human ingenuity and investments in innovation. In many respects the system has responded with admirable flexibility, but the strain of continual technological change and the greater importance ascribed to patents in a knowledge economy are exposing weaknesses including questionable patent quality, rising transaction costs, impediments to the dissemination of information through patents, and international inconsistencies. A panel including a mix of legal expertise, economists, technologists, and university and corporate officials recommends significant changes in the way the patent system operates. A Patent System for the 21st Century urges creation of a mechanism for post-grant challenges to newly issued patents, reinvigoration of the non-obviousness standard to quality for a patent, strengthening of the U.S. Patent and Trademark Office, simplified and less costly litigation, harmonization of the U.S., European, and Japanese examination process, and protection of some research from patent infringement liability.
Biotechnological Inventions: Moral Restraints and Patent Law by Oliver Mills Pdf
Advances in modern biotechnology have produced profound and far-reaching implications for the relationship between humans, animals and the environment. As a result, a debate has arisen surrounding the legal, moral and social problems connected with this technology. A central part of this debate focuses on the role of moral considerations in the patent system as a form of regulation. This book examines this role and asks why in the context of biotechnological inventions morality has become an important issue. The origin, policy and legislative history of patent law in both the United States and member countries of the European Union is examined, with particular reference to the provisions relating to morality. Examining specific cases, the author elucidates the moral concerns associated with modern biotechnology, thus providing an important contribution to the debate and a valuable resource for all those working in this exciting field.
National Research Council,Policy and Global Affairs,Committee on Science, Technology, and Law,Board on Science, Technology, and Economic Policy,Committee on Intellectual Property Rights in Genomic and Protein Research and Innovation
Author : National Research Council,Policy and Global Affairs,Committee on Science, Technology, and Law,Board on Science, Technology, and Economic Policy,Committee on Intellectual Property Rights in Genomic and Protein Research and Innovation Publisher : National Academies Press Page : 188 pages File Size : 48,7 Mb Release : 2006-03-09 Category : Science ISBN : 9780309164887
Reaping the Benefits of Genomic and Proteomic Research by National Research Council,Policy and Global Affairs,Committee on Science, Technology, and Law,Board on Science, Technology, and Economic Policy,Committee on Intellectual Property Rights in Genomic and Protein Research and Innovation Pdf
The patenting and licensing of human genetic material and proteins represents an extension of intellectual property (IP) rights to naturally occurring biological material and scientific information, much of it well upstream of drugs and other disease therapies. This report concludes that IP restrictions rarely impose significant burdens on biomedical research, but there are reasons to be apprehensive about their future impact on scientific advances in this area. The report recommends 13 actions that policy-makers, courts, universities, and health and patent officials should take to prevent the increasingly complex web of IP protections from getting in the way of potential breakthroughs in genomic and proteomic research. It endorses the National Institutes of Health guidelines for technology licensing, data sharing, and research material exchanges and says that oversight of compliance should be strengthened. It recommends enactment of a statutory exception from infringement liability for research on a patented invention and raising the bar somewhat to qualify for a patent on upstream research discoveries in biotechnology. With respect to genetic diagnostic tests to detect patient mutations associated with certain diseases, the report urges patent holders to allow others to perform the tests for purposes of verifying the results.
Biotechnology and Software Patent Law by Arezzo, E. Ghidini, G.,Gustavo Ghidini Pdf
'The art of editing is to bring contributions together, which melt into one book. This is what Emanuela Arezzo and Gustavo Ghidini have achieved with their own critical mind by composing a book of papers, in which internationally renowned experts measure the tensions created for the patent system by the needs and problems of protecting biotechnological and software inventions. All together, they present a comparative law challenge to the very fundaments of patent protection. As such, they are or may become a "must read".' Hanns Ullrich, College of Europe, Bruges, Belgium 'Arezzo and Ghidini have put together a fine collection of essays addressing developments in patent law from general themes to emerging ones in the infotech and biotech sectors. It is notable that the international array of authors includes contributions from both established and rising young scholars, all of them ably tackling difficult issues that merit our attention.' Rudolph J.R. Peritz, New York Law School, US The new millennium has carried several challenges for patent law. This up-to-date book provides readers with an important overview of the most critical issues patent law is still facing today at the beginning of the twenty first century, on both sides of the Atlantic. New technological sectors have emerged, each one with its own features with regard to innovation process and pace. From the most controversial cases in biotech to the most recent decisions in the field of software and business methods patent, patent law has tried to stretch its boundaries in a way to accommodate such new and controversial subject matters into its realm. Biotechnology and Software Patent Law will strongly appeal to postgraduate students specializing in IP law, international law, commercial and business law, competition law as well as IP scholars, academics and lawyers.
