By William Lesser
Following the USA Patent Office's assertion in 1987 that it considers animals "to be patentable subject material in the scope" of patent legislation, there was massive all over the world debate in this topic. This paintings contains the complaints of the Animal Patents Symposium held at Cornell collage, united states, on December 5-6, 1988, prepared through the editor of this paintings.
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Extra resources for Animal Patents: The Legal, Economic and Social Issues
However, it has barely begun to consider the problems of particular technologies, and it is doubtful whether it could come to grips with the animal patent issue in the short term. Secondly, there is a Committee of Experts on Biotechnological Inventions which has had four meetings in as many years. No treaty will emerge from this project, but a series of "suggested solutions" of the special problems of patent law relating to biotechnology will be formulated. So far, the animal issue has taken a low profile in the agenda of these meetings.
Although there is no case law applying to the patentability of animals under the EPC, it has long been assumed that, in view of the parallel language for plant and animal varieties in Article 53(b), plants and animals are to be treated in exactly the same way. Since in respect to animals the problem of the prohibition of double protection does not exist, more flexibility exists in applying the patent system in a way that fulfills the legitimate interests of inventors (Teschemacher, 1987). " indicated for the first time that the EPO, for ethical reasons, might view inventions in animals as being excluded from patentability under Article 53(a), the "morality" clause.
P. Simons, I. Wilmut, and R. Lathe (1987) Pharmaceuticals from Transgenic Livestock. Trends Biotec, 5: 20 et seq. Clark, R. W. (1985) The Life of Ernst Chain: Penicillin and Beyond. London: Weidenfeld and Nicolson, p. 56. Commission of the European Communities (1988) Proposal for a Council Directive on the Legal Protection of Biotechnological Inventions. COM (88) 496 final-SYN 159, Brussels, Oct. 17,1988. Committee on aNational Strategy for Biotechnology in Agriculture, National Research Council (1987) Agricultural Biotechnology: Strategies for National Competitiveness, Washington DC.