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Patenting Biotechnical Innovation: Eligibility, Ethics and Public Interest

Patenting Biotechnical Innovation: Eligibility, Ethics and Public Interest

Author: Naomi Hawkins
Publisher: Edward Elgar Publishing
ISBN: 9781800884403
Published In: July 2022
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

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This book examines patent law and policy in biotechnology across the full lifecycle of the patent, focusing on the patent bargain and the public interest. It considers the central issues of how to strike an effective balance of rights, and whether public interest is adequately safeguarded - two issues that are particularly important in areas of rapidly emerging technology.

Expert contributors are brought together to explore patent eligibility in biotechnology, focusing on the fields of precision medicine, biofabrication and non-invasive prenatal testing. Chapters also explore the construction and coherence of exceptions to patentability,an examination of FRAND licensing in the context of the internet of medical things, and the possibility of using licensing to encourage or ensure the ethical use of patented technologies.

With its carefully constructed analysis, this book will be an excellent resource for academic researchers, and students, in the fields of biotechnology law, pharmaceutical law and intellectual property law. It will also be useful for legal practitioners and policymakers, as well as charitable bodies and non-governmental organisations.

1. Introduction – patenting biotechnical innovation: in the public interest?

Naomi Hawkins

2. Patent eligibility and precision medicine: emerging technologies, legal flux and empirical methods

Andrew Sagar, Kathleen Liddell, Johnathon Liddicoat and Mateo Aboy

3. Non-invasive prenatal testing and the resilience of the patent system

Dianne Nicol and Jane Nielsen

4. Patentability of biofabricated human organs: ‘products of nature’ or ‘products derived from nature’ revisited

Pheh Hoon Lim and Phoebe Li

5. A problem of interpretation: is Article 53(a) EPC necessarily restrictive of emerging technologies?

Ella O’Sullivan

6. Invoking the public interest in the European patent system

Karen Walsh