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

See all articles by Timo Minssen

Timo Minssen

University of Copenhagen - Centre for Advanced Studies in Biomedical Innovation Law (CeBIL) - Faculty of Law

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

Suggested Citation

Minssen, Timo, Patenting Human Genes in Europe - And How It Compares to the US and Australia (October 25, 2015). Research Handbook on Intellectual Property and the Life Sciences (eds. Herbert Zech & Duncan Matthews), Chapter 1.5, Edward Elgar, 2016, Available at SSRN: https://ssrn.com/abstract=2737934

Timo Minssen (Contact Author)

University of Copenhagen - Centre for Advanced Studies in Biomedical Innovation Law (CeBIL) - Faculty of Law ( email )

Karen Blixens Plads 16
Copenhagen, 2300
Denmark
+46 708 607517 (Phone)

HOME PAGE: http://jura.ku.dk/cebil/staff/profile/?pure=en/persons/381631

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