Patenting Human Genes in Europe - And How It Compares to the US and Australia
Research Handbook on Intellectual Property and the Life Sciences (eds. Herbert Zech & Duncan Matthews), Chapter 1.5, Edward Elgar, 2016
13 Pages Posted: 27 Feb 2016 Last revised: 29 Jul 2019
Date Written: October 25, 2015
Abstract
This chapter describes the European law with respect to the patent-eligibility of isolated DNA sequences, including a brief comparison with recent developments from the US and Australia. In accordance with the concept of the book and the assigned scope of the contribution, however, I will not focus on the equally significant debates regarding the patent-eligibility of other biological material, diagnostic methods patents or abstract ideas which will be addressed by other contributions. Moreover, the analysis will concentrate on patent-eligibility. Other patentability requirement will only be briefly touched upon in the discussion part.
The paper starts out by discussing the patent-eligibility of isolated human DNA sequences on the European national level and under the Biotechnology Directive. Then the patent-eligibility of isolated human DNA sequences at the EPO will be analyzed. This will provide the basis for a brief comparative discussion of different international approaches and about potential effects that the recent U.S. and Australian developments might have on European policy debates and legislation.
Keywords: Patents, DNA, Europe, Genes
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