Biotechnology Assignment 7 Patent Law. Case study 1 –Federal Supreme Court Germany (Bundesgerichshof), 27 March 1969 (Red Dove), IIC, 1970, 136 –Answer.

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Presentation transcript:

Biotechnology Assignment 7 Patent Law

Case study 1 –Federal Supreme Court Germany (Bundesgerichshof), 27 March 1969 (Red Dove), IIC, 1970, 136 –Answer the following questions What was the subject matter of the contested patent application? What was the viewpoint of the BGH on the concept of ‘invention’? What was the viewpoint of the BGH on the ‘repeatability’ requirement?

Case study 2 –U.S. Supreme Court, 16 June 1980 (Diamond v Chakrabarty), 1980, 447 U.S. 303 –Answer the following questions What was the subject matter of the contested patent application? On the basis of which arguments did the USPTO initially refuse to grant the patent? What were the arguments of the Supreme Court to decide the subject matter was patentable?

Case study 3 –EPO, Examining and Opposition Divisions, 8 December 1994 (Howard Florey Institute), Official Journal European Patent Office, 1995, 388 –Answer the following questions What was the subject matter of the contested patent? What is the EPO’s viewpoint with regard to the nature of DNA?

Case study 4 –EPO, Technical Board of Appeal 3.3.4, 21 February 1995 (T 356/93) (Plant Genetic Systems), Official Journal European Patent Office, 1995, 545 –Answer the following questions What was the exact subject matter of the contested patent? What is the viewpoint of the Technical Board with regard to ethical objections against patents for genetically modified plants?