Patenting Genes: The Requirement of Industrial Application

Author: Marta Diaz Pozo
Publisher: Edward Elgar Publishing
ISBN: 9781786433947
Published In: March 2017
Format: Hardback
Jurisdiction: International ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

Details

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 exploring 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 are discussed, emphasising 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.

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