Perspective: The Effect of Changing Patent Eligibility Subject Matter in the Biotechnology Field

30 Pages Posted: 10 Dec 2018 Last revised: 12 Dec 2018

See all articles by Maria Solis

Maria Solis

Queen Mary University of London

Date Written: May 18, 2018

Abstract

This paper deals with the patentability subject matter in the biotechnology field where the scope of it is to advocate of broadening the patent protection for inventions which consist in the physical phenomena, abstract ideas and natural laws. In addition this claim is proved by firstly analyzing all the law mechanisms in general and the function of judiciary branches in particular. Then the inconsistency of the main biotechnology precedents verdicts is analysed, which are Chakrabarty, Diehr, Ameritox, Perkin Elmer v Intema L.t.d and Ameritox v Millennium Health case, etc. After making a calculation analysis of the overall situation and by considering the effect that such limitations have in the biotechnology field, the last part concludes that the solution of the above-mentioned issues is the broadening the scope of patentability subject matter.

Keywords: Biotechnology, Patentability Subject Matter, Precedents, Legislative, Executive, Judiciary Precedents, Maria Solis

JEL Classification: K39, K11, K19, K29

Suggested Citation

Solis, Maria, Perspective: The Effect of Changing Patent Eligibility Subject Matter in the Biotechnology Field (May 18, 2018). Available at SSRN: https://ssrn.com/abstract=3285968 or http://dx.doi.org/10.2139/ssrn.3285968

Maria Solis (Contact Author)

Queen Mary University of London

67 - 69 Lincoln's Inn Fields, London WC2A 3J
London, WC2A 3JB
United Kingdom

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