scholarly journals Technical Character in European Patent Law

2020 ◽  
Author(s):  
Matthieu Dhenne
Keyword(s):  
Patent Law ◽  
European Patent ◽  
Technical Character

Patents, Governance and Control: Ethics and the Patentability of Novel Beings and Advanced Biotechnologies in Europe

2021 ◽  
Vol 30 (3) ◽  
pp. 529-542
Author(s):  
Aisling McMahon
Keyword(s):  
Ethical Issues ◽  
Patent Law ◽  
European Patent ◽  
Human Consciousness ◽  
Patent Holder ◽  
Patented Invention ◽  
Patent Grant ◽  
And Control

AbstractThis article focuses primarily on to what extent novel beings, and particularly, beings which display something akin to human consciousness or agency would be (or should be) patentable under current European patent law. Patents grant the patent holder a right to exclude others from using the patented invention for the period of patent grant (usually 20 years). This allows the patent holder to control how that invention can or cannot be used by others downstream, granting patent holders a governance like function over the patented technology for the duration of the patent. Accordingly, the potential for patentability of novel beings gives rise to a myriad of ethical issues including: to what extent is it appropriate for patent holders to retain and exercise patents over “novel beings”; how issues of “agency” displayed by any “novel beings” would fit within the current patent framework, if at all; and to what extent existing exclusions from patentability might exclude patents on “novel beings” or whether changes within patent law may be needed if patents in relation to “novel beings” are deemed ethically problematic. This article focuses on such issues, and in doing so, also sheds light on the role of ethical issues within the patenting of advanced biotechnologies more generally.

Mutagenesis, ‘essentially biological processes’ and patent exceptions

2021 ◽  
Vol 11 (2) ◽  
pp. 219-242
Author(s):  
Muriel Lightbourne
Keyword(s):  
Patent Law ◽  
European Patent ◽  
Biological Processes ◽  
Patent Office ◽  
European Law ◽  
The European Union ◽  
Court Of Justice ◽  
Recent Developments ◽  
Living Material ◽  
Council Of State

Recent developments in the field of European law, in relation to subject-matter consisting of living material, raise a string of basic issues as to the legal qualification of certain techniques used in agriculture and medicine, such as CRISPR-Cas9, and regarding their appraisal under European patent law. The present article reviews a series of decisions, including the decision of the Court of Justice of the European Union in case C-528/16, the decision issued on 7 February 2020 by the French Council of State and the Opinion of the European Patent Office Enlarged Board of Appeal of 14 May 2020 on Referral G 3/19.

Towards a Pro-active Approach Concerning the Intersections between the Jordan Patents of Invention Law, United States Patent Law and European Patent Convention

2011 ◽  
Vol 25 (1) ◽  
pp. 71-87
Author(s):  
Zein J. Razem ◽  
Qais Ali Mahafzah
Keyword(s):  
United States ◽  
The United States ◽  
Patent Law ◽  
European Patent ◽  
United States Patent ◽  
European Patent Convention ◽  
Active Approach ◽  
Patent Laws ◽  
The World ◽  
States Patent

AbstractAttempts to harmonize patent laws worldwide have increased, leaving bits of argumentative issues untouched in the patent systems under scrutiny. However, diversity can sometimes prove desirable since majority rule is not always right and the minority wrong. Sometimes a part is more righteous than the whole. This research focuses on areas where the Jordan Patents of Invention Law, United States Patent Law, and the European Patent Convention intersect. It concludes that although most countries, including Jordan, follow a different path than that taken by the United States, it may be unnecessary for the United States to change its system in order to be in sync with the rest of the world. Thus, it may prove advantageous to have two separate systems that can provide different patent protections where humanity achieves progression and development.

Legal and regulatory update

2005 ◽  
Vol 11 (2) ◽  
Author(s):  
John Wilkinson
Keyword(s):  
Patent Law ◽  
Patent Infringement ◽  
European Patent ◽  
Final Time ◽  
The Past ◽  
European Patent Convention ◽  
First Case ◽  
House Of Lords ◽  
Regulatory Update

The year 2004 saw the end game of what was probably the largest and most significant patent infringement case in the English Courts of the past 10 years. Bird & Bird acted for TKT throughout. Kirin-Amgen and Transkaryotic Therapies Inc. (TKT) crossed swords for the final time in the House of Lords during an eight day appeal hearing in July 2004. The case is significant for the number of patent law issues at stake: novelty of product-by-process claims, three types of pleaded insufficiency, and most importantly the issues of purposive construction and infringement under the Protocol to Article 69 of the European Patent Convention. This section focuses mainly on the first and last of these issues. Indeed, the TKT case is actually the first case dealing with 'protocol infringement' to reach the House of Lords under the 1977 Patents Act. The appellate committee comprised Lords Hoffmann, Hope, Rodger, Walker and Brown.

scholarly journals Protection of patent law objects, created by artificial intelligence (AI) technologies

2021 ◽  
Vol 10 (44) ◽  
pp. 230-240
Author(s):  
Olha Pavlyuk ◽  
Nataliia Parasiuk ◽  
Alona Dutko ◽  
Vasyl Parasiuk ◽  
Oksana Stasiv
Keyword(s):  
Artificial Intelligence ◽  
The United States ◽  
Research Process ◽  
Patent Law ◽  
European Patent ◽  
Legal Systems ◽  
Anglo Saxon ◽  
The United Kingdom ◽  
Stage Of Development ◽  
Structural Methods

The aim of the article is to solve the scientific problem of outlining the issue of protection of patent law objects created using artificial intelligence technologies, and to establish whether it is possible to recognize artificial intelligence technologies as inventor at the present stage of development of legal systems. Philosophical, comparative-legal and system-structural methods were used in the research process. Based on the analysis of the European Patent Convention, the main generally accepted conditions of patentability of the invention are determined: novelty, inventive step, industrial applicability. It has been established that inventions created by artificial intelligence technologies will meet such criteria provided that certain requirements are met. In the context of the study, the case of the invention of artificial intelligence «DABUS» is analyzed and the results of its consideration in the European Patent Organization, the United Kingdom and the United States are summarized. In particular, it has been established that artificial intelligence technologies are currently not considered as inventors in either the Romano-Germanic or Anglo-Saxon legal systems.

scholarly journals The Moral Clause in Patent Law and Threats Posed by Human Germl ine Genome Editing

2021 ◽  
Vol 14 (1) ◽  
pp. 145
Author(s):  
Gabriel Zanatta Tocchetto
Keyword(s):  
Intellectual Property ◽  
Genome Editing ◽  
Patent Law ◽  
European Patent ◽  
European Patent Convention ◽  
Technological Advances ◽  
Patent Laws ◽  
Deductive Method ◽  
Germline Modification ◽  
Applied Biology

This article examines whether the lack of closure of moral clauses in patent laws, particularly in dealing with the issue of human germline genome editing, causes such clauses to fail to function as a moratorium in countries like Mexico. The hypothesis posed here is that a general, open, moral clause in intellectual property legislation, specifically in patent law, is ineffective when confronted with a foreseeable but strong innovation that alters an area of applied biology such as human germline genome editing. Using the deductive method, this research aims to determine whether countries like Mexico need to provide more specific guidance in their legislation on technological innovations like human germline modification in order to foster an atmosphere of legal certainty. A comparative analysis of the closed morals clause in the European Patent Convention and the open morals clause in Mexico’s intellectual property law confirms this hypothesis. Specifically, the lack of closure of a morals clause in patent law, when confronted with novel and complex technological advances, will likely fail to function as a moratorium.

Unified Patent Protection in Europe: A Commentary

2018 ◽  
Keyword(s):  
Patent Protection ◽  
Patent Law ◽  
European Patent ◽  
Authoritative Text ◽  
Invaluable Tool ◽  
Unified Patent Court ◽  
The Creation ◽  
Developing Area ◽  
Law Professors ◽  
New System

The creation of the Unified Patent Court (UPC) is the most prominent change in the European legal landscape for the last four decades. This book explains how the new system works in practice and how to make the best use of its provisions. It offers readers an in-depth and comprehensive commentary on the legal mechanisms of the upcoming ratified European Patent Law, and advice on potential problems that users of the forthcoming regulations may face. The book first describes the creation of the Unified European Patent Law and how its four new legislative texts interact. The new legislative texts are then explained and commented on in detail, rule by rule, with diverse approaches and perspectives from a practitioner team comprising patent litigators, European patent attorneys, law professors and patent judges. The Commentary takes into account the practical needs of users of the new system on both the prosecution and enforcement sides, addressing substantive and procedural problems. This book is the most authoritative text on the Unitary Patent and Unified Patents Court, and an invaluable tool for practitioners in this rapidly developing area of law.

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