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Related Experiment Videos

Are natural gene sequences patentable?

K B Becker1

  • 1Patent and Trademark Department, Novartis Services AG, Basel, Switzerland. konrad.becker@sn.novartis.com

International Archives of Occupational and Environmental Health
|September 1, 2000
PubMed
Summary
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Natural gene sequences are patentable if they meet standard patent law criteria like novelty and inventive steps. European patent law and directives support the patentability of biotechnological inventions, including gene sequences.

Area of Science:

  • Biotechnology Law
  • Intellectual Property

Background:

  • The patentability of naturally occurring genetic material has been a complex legal issue.
  • Existing patent law principles require novelty, inventive step, and industrial applicability.

Purpose of the Study:

  • To determine if natural gene sequences are patentable under current legal frameworks.
  • To analyze the implications of European patent law and directives on biotechnological inventions.

Main Methods:

  • Analysis of general patent law principles.
  • Examination of relevant articles within the European Patent Convention.
  • Review of the EC Directive on the legal protection of biotechnological inventions.

Main Results:

  • Natural gene sequences can be patented if they meet established patentability criteria.

Related Experiment Videos

  • Novelty, inventive steps, and industrial applicability are key determinants for patenting gene sequences.
  • European legal instruments affirm the patentability of biotechnological inventions.

    • Conclusions:

    • The patentability of natural gene sequences is affirmed by existing patent law.
    • European legal frameworks provide a basis for protecting biotechnological innovations, including gene sequences.
    • Compliance with novelty, inventive step, and industrial applicability ensures patent eligibility.