Legal Issues Panel Discussion
WIPO
- Patent Cooperation Treaty
- Does not actually grant patents
- Clearing house for international patent applications
- Chapter I - search
- Chapter II - opinion
- National/Regional filing
|
Regional Offices
- Grant patents for a number of national jurisdictions
- Generally involve a central office and not a single national office
- Courts of the national jurisdictions have ultimate jurisdiction in deciding patentability
|
National Offices
- Grant patents in single jurisdiction
- Granted patents are based on national laws of patentable subject matter
- Jurisdiction within Regional Offices may follow the Regional Office decisions on patentable subject matter
|
United States
- Anything under the sun made by man is patentable - In re: Charkrabarty, 447 US 303 (1980)
- Supreme Court decision holding that genetically engineered organisms are patentable
- Both utility patents and plant patents are obtainable
|
U.S. Patentable Subject Matter
- Genetically engineered higher animals and plants e.g. the oncomouse
- Potentially partially sequenced biomolecules such as ESTs
|
EPO
- Biotechnology generally patentable
- Genes, proteins etc. are patentable
- EPO directive on Biotechnological Inventions
|
EPO Directive
Article 4 - Non-patentable
- plant and animal varieties
- essentially biological processes for the production of plant and animals
Article 5 - Non-patentable
- the human body
- simple discovery of one of life elements including genes and partial sequences of genes
Article 6 - Non-patentable
- Inventions contrary to public order and morality
- Such inventions include:
- processes for cloning human beings
- processes for modifying the germ line genetic identity of human beings
- uses of human embryos for commercial purposes
- processes modifying the genetic identity of animals which are likely to cause suffering without any substantial medical
benefit to man or animal
- animals resulting from such processes
|
Eurasian Patent Office
- Biotechnology generally patentable
- Microorganisms are patentable
- Animal and plant varieties are not patentable
- Inventions contrary to public order and morality are not patentable
|
Japan
- Biotechnology generally patentable
- Microorganisms patentable
- Plants and animals are patentable
- Inventions contravening public order, morality or public health are non-patentable
|
Summary
- In the United States and Japan the patentability of biotechnology is given wide interpretation
- In the EPO the limitations of patentability are still being defined
- In the Eurasian Patent Office animals and plants are generally not patentable
|
Email
link | Feedback | Contributed by: Boston University. Video adapted from the
Issues for the Millennium Workshop
|
|
|
Topic Sets Available
|
AAAS
Report on Stem-Cells |
|
AstroTheology: Religious Reflections on Extraterrestrial Life Forms |
|
Agency:
Human, Robotic and Divine |
|
Becoming Human: Brain, Mind, Emergence |
|
Big Bang Cosmology
and Theology (GHC) |
|
Cosmic Questions
Interviews |
|
Cosmos and
Creator |
|
Creativity,
Spirituality and Computing Technologies |
|
CTNS Content Home |
|
Darwin: A Friend to Religion? |
|
Demystifying
Information Technology |
|
Divine Action
(GHC) |
|
Dreams and
Dreaming: Neuroscientific and Religious Visions' |
|
E. Coli at the No
Free Lunchroom |
|
Engaging
Extra-Terrestrial Intelligence: An Adventure in Astro-Ethics |
|
Evangelical
Atheism: a response to Richard Dawkins |
|
Ecology and
Christian Theology |
|
Evolution: What
Should We Teach Our Children in Our Schools? |
|
Evolution and
Providence |
|
Evolution and
Creation Survey |
|
Evolution and
Theology (GHC) |
|
Evolution, Creation, and Semiotics |
|
The Expelled
Controversy |
|
Faith and Reason:
An Introduction |
|
Faith in the Future:
Religion, Aging, and Healthcare in the 21st Century |
|
Francisco Ayala
on Evolution |
|
From Christian
Passions to Scientific Emotions |
|
Genetic
Engineering and Food |
|
Genetics
and Ethics |
|
Genetic
Technologies - the Radical Revision of Human Existence and the Natural
World |
|
Genomics,
Nanotechnology and Robotics |
|
Getting Mind out
of Meat |
|
God and Creation:
Jewish, Christian, and Muslim Perspectives on Big Bang Cosmology |
|
God, Humanity and the
Cosmos: A Textbook in Science and Religion |
|
God the Spirit -
and Natural Science |
|
Historical
Examples of the Science and Religion Debate (GHC) |
|
History of
Creationism |
|
Intelligent Design
Coming Clean |
|
Issues
for the Millennium: Cloning and Genetic Technologies |
|
Jean Vanier of
L'Arche |
|
Nano-Technology
and Nano-ethics |
|
Natural Science and Christian Theology - A Select Bibliography |
|
Neuroscience and
the Soul |
|
Outlines of the
Science and Religion Debate (GHC) |
|
Perspectives on
Evolution |
|
Physics and
Theology |
|
Quantum Mechanics
and Theology (GHC) |
|
Questions that Shape Our Future |
|
Reductionism
(GHC) |
|
Reintroducing Teleology Into Science |
|
Science and
Suffering |
|
Scientific
Perspectives on Divine Action (CTNS/Vatican Series) |
|
Space
Exploration and Positive Stewardship |
|
Stem-Cell Debate: Ethical
Questions |
|
Stem-Cell
Ethics: A Theological Brief |
|
Stem-Cell
Questions |
|
Theistic
Evolution: A Christian Alternative to Atheism, Creationism, and
Intelligent Design... |
|
Theology and Science:
Current Issues and Future Directions |
|
Unscientific
America: How science illiteracy threatens our future |
|
Will ET End
Religion? |
Current Stats: topics: >2600, links:
>300,000,
video: 200 hours.
|
|