By William Lesser
Following the U.S. Patent Office's statement in 1987 that it considers animals "to be patentable material in the scope" of patent legislation, there was huge around the world debate in this topic. This paintings contains the court cases of the Animal Patents Symposium held at Cornell college, united states, on December 5-6, 1988, geared up through the editor of this paintings.
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Additional info for Animal Patents: The Legal, Economic and Social Issues
1988) Animal Patents in the USA: Are the Concerns Justified? Lecture given at World Intellectual Property Organization, Geneva, Sept. 1988. McEvoy, T. , M. Stack, T. Barry, B. Keane, F. Gannon, and J. M. Sreenan (1987) Direct Gene Transfer by Microinjection. ): 258 et seq. Moufang, R. (1988) Genetische Erfindungen im gewerblichen Rechtsschutz. Cologne: Heymans. Patent, Trademark and Copyright Journal (1988a) House Passage of Animal Patent Bill (HR 4970). 36 (Sept. 15): 499-502. (1988b) House Judiciary Committee Report on HR 4970.
The claim in suit was to a method of examining the intact body by magnetic resonance imaging, a method that could hardly have any other purpose than in diagnosis. In a remarkable decision, the Board of Appeal held that the only diagnostic methods to be excluded are those whose results make it immediately possible to decide on a particular medical treatment. So if the diagnostic conclusion is not part of the claim the exclusion does not apply! The real significance of the case is the positive ruling that an exclusion clause must be narrowly interpreted.
As is correctly stated in the Commission of the European Communities (1988) Memo on the Draft Directive, which will be considered later on (Beier, 1984: p. 54): A European Patent is granted, defined and revoked in applying rules of the EPC, and to this extent, represents a collection of "European patents". For all other purposes, such as the scope of protection, European patents represent patents with national effects, subject to national laws, although certain minimum standards are prescribed in Articles 64(2) and 67 EPC.
Animal Patents: The Legal, Economic and Social Issues by William Lesser