Presentation on theme: "Selected Cases on Patents and Biotechnology WIPO-UKRAINE SUMMER SCHOOL ON INTELLECTUAL PROPERTY – JULY 2011."— Presentation transcript:
Selected Cases on Patents and Biotechnology WIPO-UKRAINE SUMMER SCHOOL ON INTELLECTUAL PROPERTY – JULY 2011
Programme The oncomouse Relaxin WARF
Oncomouse Transgenic mouse susceptible to cancer – by introducing an oncogene Issues Should patents be granted? What are moral implications Consequences of differnet decisions from different offices
Relaxin Application for gene coding of second unexpected form of human relaxin and for cloned synthetic form Is invention novel? Is there an inventive step? Is patent contrary to morality? Is this “patenting life”
WARF Application relating to human stem cells refused on moral grounds and referred to enlarged board of appeal
WARF – 2 EPO Rules Rule 23(d) “Under Article 53(a), European patents shall not be granted in respect of biotechnological inventions which, in particular, concern the following: (c) uses of human embryos for industrial or commercial purposes; Art. 53(a) prevents the grant of patents in respect of inventions the exploitation of which would be contrary to morality.
WARF - 3 Questions Does EPC rule 23 apply to applications filed before rule enters into force If yes does rule forbid products produced by destruction of embryos (latter not part of claims) If no to above does EPC Rule 53 forbid such patenting Is fact that after date of filing such products can be obtained without destruction of embryos