This book constitutes a fascinating and in-depth analysis of the significance of the requirement of industrial application within gene patenting and how this influences innovation in Europe and the US. The author addresses an area normally overlooked in biotechnology patenting due to the predominance of the ethical debate and, in doing so, produces a unique approach to dealing with concerns in this field. Patenting Genes: The Requirement of Industrial Application is the result of extensive research into the legal history of the industrial application requirement as well as exploration of the broad range of decisions on DNA patentability. This requirement has taken a prominent role within DNA patenting decisions in Europe since the 1998 Biotech Directive, which Dr Diaz Pozo argues has worked efficiently to control claims to human gene sequences and encouraged progress in genetic research. A broad selection of decisions on the patentability of DNA in both European Union and US courts is discussed, emphasizing the mirroring of the European approach in US cases.
Academics and students of patent law and biotechnology innovation, as well as policy formulators, will find this book of great interest and value. Activists and practitioners interested in the patentability of human gene inventions in Europe and the US will also benefit from this original work.
Rezensionen / Stimmen
'This insightful and accessible book provides a uniquely thorough examination of the European requirement of industrial application and the determination of the scope of protection of gene patents. It is a scholarly work of the highest quality and rewards readers with its clear and accessible approach to the often overlooked legal issues surrounding the patentability of biotechnological inventions on grounds of industrial application. The book is highly recommended for academics and for practitioners alike.' -- Duncan Matthews, Queen Mary University of London, UK 'This book provides a valuable contribution to the understanding of industrial application in patent law. It shows how - with the evolvement of biotechnology patent law - a formerly obscure patentability requirement became a key tool for patent law policy. A detailed discussion of the Biotechnology Directive, as well as in-depth analysis of EPO and CJEU jurisprudence, makes this book worthwhile reading for any IP lawyer concerned with patent law.' -- Herbert Zech, University of Basel, Switzerland
Sprache
Verlagsort
Zielgruppe
Maße
Höhe: 234 mm
Breite: 156 mm
ISBN-13
978-1-78643-394-7 (9781786433947)
Copyright in bibliographic data and cover images is held by Nielsen Book Services Limited or by the publishers or by their respective licensors: all rights reserved.
Schweitzer Klassifikation
Marta Diaz Pozo, PhD, Centre for Commercial Law Studies, Queen Mary University of London, UK
Contents: 1. Introduction 2. Genetic inventions and patent law in Europe 3. The European requirement of industrial application 4. The industrial applicability of human genetic inventions 5. The requirement of industrial application and the interpretation of the exclusion of human genetic discoveries from patent protection 6. The requirement of industrial application and the determination of the scope of protection of gene patents 7. Human gene patents, patent clusters and innovative progress 8. Conclusion Index
