Download Biopatent Law: European vs. US Patent Law by Ulrich Storz, Martin Quodbach, Scott D. Marty, Derek E. PDF

By Ulrich Storz, Martin Quodbach, Scott D. Marty, Derek E. Constantine, Matthew Parker

SpringerBriefs in Biotech Patents offers well timed reviews on highbrow homes (IP) concerns and patent features within the box of biotechnology. This quantity specialise in specific elements of the USA patent legislations, that could have super adjustments in comparison to the eu legislations. This contains questions of biopatent prosecution, novelty, artistic step, written disclosure and sufficiency of enablement in addition to questions of legislations enforcement of biotech patents.

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Example text

In fact, the DNA within this meal was existent but obviously was not expressed to provide any herbicide resistance. So the question was how the national provisions have to be interpreted against the background of Art. 9 of the Biopatent Directive which stipulates that the protection extends to all material in which the product is incorporated and in which the genetic information is contained and performs its function. The ECJ ruled that the protection did not cover the soy meal because the DNA sequence encoding the glyphosate resistant gene could not perform its function in the dead soy meal material.

In any way, the future influence of the ECJ on national case law with regard to the scope of protection of a patent might also affect the national principles, for example, not only regarding the literal scope of protection of a patent but also the principle of equivalency. 4 Determination of Jurisdiction/ the Competent Court Bringing a patent case to a court requires determining the national and local jurisdiction. The patentee should try to select a jurisdiction that is most beneficial for his needs.

The decision of the ECJ has by all means a basic influence on the litigation of biotechnological patents under national rules of civil procedure. The decision makes clear that the Biopatent Directive sets a certain maximum standard of protection that cannot be exceeded by national patent legislation. This does not only affect the patent law itself but also the interpretation of the law by the competent courts. 2010 C 234/7. See Hüttermann/Storz, Mitt 2011, 1; Krauß Mitt 2001, 54. 32 M. Quodbach The national provisions have to be interpreted according to these standards.

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