Exclusions from patentability sterckx sigrid cockbain julian. Exclusions from Patentability: How Far Has the European Patent Office Eroded Boundaries? (Cambridge Intellectual Property and Information Law Book 19) eBook: Sigrid Sterckx, Julian Cockbain: refinery29.co.uk: Kindle Store 2019-03-09

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9781107542624: Exclusions from Patentability (Cambridge Intellectual Property and Information Law)

exclusions from patentability sterckx sigrid cockbain julian

Subsequently, we address the questions put to the Enlarged Board and how they might be answered. The E-mail message field is required. . Personalised medicine is sometimes presented as nothing less than the next revolution in medicine, a paradigm shift in our approach to health premised on our biological individuality and genetic un iqueness. But the issue currently at stake is even more worrisome, insofar as these new patents, the volume of which is constantly increasing, are blocking patents and cannot be expected to be circumvented by resort to cross-licensing agreements. Particular attention is given to those exclusions considered the most contentious computer programmes, discoveries, medical treatments, life forms and agriculture and those decisions which have been most influential in shaping the approaches by which the exclusions have been interpreted.

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Book Review: Exclusions From Patentability

exclusions from patentability sterckx sigrid cockbain julian

These included patent applications related to: genetic comparisons between grandparents and grandchildren, family inheritance, genome sharing, processing data from genotyping chips, gamete donor selection based on genetic calculations, finding relatives in a database, and polymorphisms associated with Parkinson disease. Second, doubts about individual agency have become overly emphasized and fail to convincingly exonerate individuals from responsibility. However, the incorporation of ethically based restrictions into patent legislation has not had the effect of satisfying all concerns. The European Patent, which is directed to a method of selecting embryos for implantation using the results of time-lapse microscopy, should, in the present authors' opinion, be revoked as being directed to a method of medical diagnosis, which is unpatentable under European patent law. Many of these items were captured from libraries, offices and even private homes as the German Army advanced into neighboring countries.

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Exclusions from patentability: How far has the European patent office eroded boundaries?

exclusions from patentability sterckx sigrid cockbain julian

However, in the absence of a statutory basis, the current legal framework does not allow the judiciary to come to such conclusion. The purpose of this article was to analyze the patent portfolio of this prominent direct-to-consumer genetic testing company and discuss the potential ethical implications of patenting in this field for public participation in Web-based genetic research. The Enlarged Board of Appeal's justification for that interpretation in 'Novartis' with reference to the exclusion's legislative history is challenged, and an alternative theory of that history proposed, based on a thorough analysis of the unpublished 'travaux preparatoires' for the Strasbourg and European Patent Conventions. Exclusions from Patentability reviews the history of the adoption of exclusions from patentability under the European Patent Convention since its first conception in 1949 through to its most recent revision. There is no public interest overarching principle present in the European Patent Convention or any other convention for that matter which would exclude patent protection for plants.

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Exclusions from Patentability

exclusions from patentability sterckx sigrid cockbain julian

The chapter also examines case law in areas such as medical methods, and explores how Boards have dealt with the issue of obtaining consent from patients whose tissue may become the subject matter of a patent. This introduction recalls the aim and scope of this book: finding a way out of the current political and legal impasse. Essentially biological processes for the production of plants and animals -- 7. Likewise, it concluded that the preceding evidence-gathering steps must necessitate the presence of the human body in order for it to be practised on that body and so be excluded from patentability Sterckx and Cockbain, 2012. Major differences in approach are also discernible, as are differences between various Appeal Boards. We find that hard law has been used in Europe to define a boundary between these categories that is industry-favourable — mere isolation transforms a discovery into an invention.

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Exclusions from Patentability

exclusions from patentability sterckx sigrid cockbain julian

The 'morality' exclusion and the interpretation of the exclusions are discussed critically and suggestions for coherent interpretation are made. Arguments about the hierarchy of legal norms are again raised but do not appear to gain any traction in the case law. The chapter explores the rapidly growing field of biotechnologies, namely those technologies involved in the collection, processing, distribution, and use of biological information. Plant and animal varieties -- 8. Particular attention is given to those exclusions considered the most contentious computer programmes, discoveries, medical treatments, life forms and agriculture and those decisions which have been most influential in shaping the approaches by which the exclusions have been interpreted. Hence the article's subtext, that the travaux preparatoires can be of value in contemporary debates regarding European patent law, not only for the insights they offer on substantive matters of patentability, but equally for the insights they offer on regional lawmaking processes themselves.

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Exclusions from patentability: How far has the European patent office eroded boundaries?

exclusions from patentability sterckx sigrid cockbain julian

On the one hand, there have been concerted attempts by interested parties to erode exclusions. This article provides an in-depth critical analysis of pressing issues regarding the patentability of plants. Conclusion: An important lesson to be drawn from this ongoing controversy seems to be that any private or public organization involved in research that relies on human participation, whether by providing information, body material, or both, needs to be transparent, not only about its research goals but also about its strategies and policies regarding commercialization. Results: Six patent families were identified for 23andMe. Sterckx and Cockbain express their concern regarding the trend of patent offices to erode the exclusions to patentability. Three forms of discrimination are identified: the availability of Supplementary Protection Certificates for pharmaceuticals; the allowance of first medical indication claims for pharmaceuticals; and the allowance of second and further medical indication claims for pharmaceuticals, now enshrined in the most recent version of the European Patent Convention. But surgery is now deemed to constitute physical intervention on the body involving the application of professional medical skill and which entails substantial health risk to the subject person or animal.

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9781107542624: Exclusions from Patentability (Cambridge Intellectual Property and Information Law)

exclusions from patentability sterckx sigrid cockbain julian

The historical development and current scope of the European Patent Convention-- 3. The dual nature of the patent balance between private interests and those of the public is emphasised, and the authors make it clear that patents should be regarded as privileges rather than rights, as this does not obfuscate the interests of the public. Particular attention is given to those exclusions considered the most contentious computer programmes, discoveries, medical treatments, life forms and agriculture and those decisions which have been most influential in shaping the approaches by which the exclusions have been interpreted. For reasons of space, a detailed discussion of the latter is impossible; it will be provided in a forthcoming book. These trends are not particularly well understood by policymakers, even less by the public, and are quite recent.

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Book Review: Exclusions From Patentability

exclusions from patentability sterckx sigrid cockbain julian

Towards a coherent interpretation of the exclusions -- 10. The use of these mechanisms enables consumption elites to maintain their consumptive lifestyles without having to accept moral responsibility for their luxury emissions. It sets out a fascinating historical account and analysis of the evolution of the subject matter of the book, delving in depth into travaux préparatoires where appropriate. On the basis of this analysis, I then develop an alternative, multi-dimensional theory of the nature of scientific knowledge. All these units are from Europe. We also comment on two cases which are currently under consideration by the highest instance of the European Patent Office.

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Exclusions from Patentability [electronic resource] : How Far Has the European Patent Office Eroded Boundaries in SearchWorks catalog

exclusions from patentability sterckx sigrid cockbain julian

Nonetheless, their observations are acute and their knowledge deep so it makes for an enjoyable, as well as an informative read. As will be argued in this paper, several of these provisions are highly problematic from an ethical point of view, especially those relating to consent. Chapter seven explores plant and animal varieties. This paper will comment on various aspects of the Law: its scope of application what is understood by 'body material'? In Section 3, I develop an alternative account of the common good of scientific knowledge. First, our moral judgment system appears to be unable to identify climate change as an important moral problem and there are pervasive doubts about the agency of individuals. It is hoped in doing so to create a study of interest and use to the range of people engaged in the current national and international debates concerning the reach of the contemporary European patent system, and the most appropriate mechanisms for that system's reform.

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