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Research Projects IP9 - Biotechnology NCCR Publications The Patentability of Plant Genetic Inventions
| The Patentability of Plant Genetic Inventions |
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The Patentability of Plant Genetic Inventions, NCCR Working Paper 2007/04, February 2007 Abstract This paper, aiming to provide a global overview of issues specific to plant patentability, discusses also the general principles and specific exclusions to be taken into account, but without going into the details of patent rights granted and their scope. It aims to explain the distinctions and exclusions made for the purpose of patentability of plants in the patent offices of developed countries: plants vs. plant varieties (Europe), plants as higher life forms vs. their building blocks, i.e. gene sequences and cells (Canada); and finally micro-organisms v. plants (everywhere). It therefore focuses mainly on patent issues specific to plants, and for the most part does not address patent requirements and concerns that apply in the same way to all biotechnology inventions. It does not, for instance, go into the specific details of the patenting of gene sequences, but is limited to clarifying the distinction between plants and their gene sequences for patentability purposes. Finally, it addresses the role of the ordre public and morality exception in patent law concerning plant patents, as this has been addressed within European jurisprudence. |
