Download Animal Patents: The Legal, Economic and Social Issues by William Lesser PDF

By William Lesser

ISBN-10: 1349107719

ISBN-13: 9781349107711

Following the united states Patent Office's declaration in 1987 that it considers animals "to be patentable subject material in the scope" of patent legislation, there was significant all over the world debate in this topic. This paintings contains the complaints of the Animal Patents Symposium held at Cornell college, united states, on December 5-6, 1988, equipped through the editor of this paintings.

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On the other hand, innovations which cannot be given the protection afforded to varieties are still patentable if the general prerequisites are met. On the other side of the world, the Japanese and Australian Patent Offices have taken an open position, declaring that no obvious objection exists, in principle, to animal patents provided the disclosure requirements of patent law are met. It is notable that the laws of these countries have no inhibitory provision comparable to Article 53(b) of the EPC.

4): The question whether a process is "essentially biological" is one of degree depending on the extent to which there is technical intervention by man in the process; if such intervention plays a significant part in controlling the result it is desired to achieve, the process would not be excluded. 4). g. e. technical in character) (Beier and Straus, 1986: p. 456; Teschemacher, 1987: p. 95; von Pechmann, 1987: p. 348). When, in a process for the production of animals, biological as well as technical elements are present, then, as Teschemacher has correctly pointed out, one has to find out where the core of the invention lies.

E. it could be readily duplicated by others skilled in the art). Since the animal-breeding process claimed in the "Red Dove" case was not repeatable merely on the basis of a written description no patent was issued. Apart from the generally criticized repeatability requirement, this decision was well received. This was because it particularly broadened the concept of a patentable invention to encompass animal-breeding methods and animals per se. Unlike the 1980 Diamond v. Chakrabarty decision of the US 2 1 IIC 137(1970) 17 Legal Issues Supreme Court and the recent grant of the Leder transgenic mouse patent by the US Patent and Trademark Office (Raines, 1988), the "Red Dove" decision was not followed by discussions devoted to either the ethical and moral aspects of patenting animals or to the possible economic effects of such patenting.

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