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Patentable invention in biotechnology.

J R Rudolph1

  • 1Technology Law Group, Gowling, Strathy & Henderson, Suite 1020, 50 Queern Street North, Kitchener, Ontario, Canada N2H 6M2.

Biotechnology Advances
|January 1, 1996
PubMed
Summary

Protecting biotechnology inventions with patents is crucial for innovation. This analysis reviews patentability requirements in the US and Canada, finding similarities despite some differences in higher life form patenting.

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Area of Science:

  • Biotechnology Law
  • Intellectual Property

Background:

  • Biotechnology is a rapidly advancing field with significant societal benefits.
  • Protecting biotechnology inventions through patents is essential for continued innovation and progress.

Purpose of the Study:

  • To examine the critical elements of patentable inventions in biotechnology.
  • To compare patentability requirements in the United States and Canada.
  • To briefly canvass topical issues related to these patentability elements.

Main Methods:

  • Review of patent law principles in the United States and Canada.
  • Analysis of key patentability criteria: subject-matter, novelty, utility, non-obviousness, and sufficiency of disclosure.
  • Examination of current issues and case law impacting biotechnology patents.

Main Results:

  • Identified core requirements for patentable inventions in biotechnology applicable to both the US and Canada.
  • Highlighted specific topical issues arising in the examination of these patentability criteria.
  • Observed that Canadian patent law largely aligns with the US pro-patent model, with notable exceptions.

Conclusions:

  • Canadian Patent Law is largely in step with the United States' approach to patenting biotechnology inventions.
  • An unresolved issue in Canadian law pertains to the patenting of higher life forms.
  • Proper patent protection is vital for maintaining momentum and stimulating further advances in biotechnology.

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