Biotechnological Inventions: Moral Restraints and Patent Law
Examines the relationships between humans, animals and the environment and asks why in the context of biotechnical inventions morality has become an important issue. The origin, policy and legislative history of patent law in both the U.S. and E.U. is examine, with particular reference to morality.
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Table of Cases
Development of a European Moral Regime
Development of Patent Law in the United States
Language of Patent Law and Biotechnological Inventions
Protection in the United States
Legal Protection Under the Biotechnology Directive 1998
Plant Variety Perspective
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antigen application of Article Article 53 EPC Article 53(a basis Biogen biotechnological inventions Biotechnology Directive Board of Appeal breeder's right claims Community Patent Community plant variety concept concerns contrary to ordre Court of Appeal CPVR disclosure drafted EPO jurisprudence EPOR European Intellectual Property European Patent Convention European Patent Office Examining Division exceptions to patentability excluded from patentability exclusion existing exploitation gene Genentech genetic engineering granted human Ibid Intellectual Property Review interpretation inventive step issues legislation Lord Hoffmann morality provision Opposition Division ordre public outlined in Article Patent Convention 1973 patent law patent protection patent system patent-granting patentability criteria Patents Act 1977 Plant Patent Act plant variety rights propagating material protected variety Protection of Biotechnological public or morality regard respect result scope of protection Strasbourg Convention subject-matter suggests supra t-PA Technical Board unpatentable UPOV USPQ utility