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9 August 2016AmericasYu Guo

China v US: what can be patented in the life sciences field?

Regarding  patentable  subject matter,  the  TRIPS Agreement specifies in a rticle 27.1 that patents shall be available “for any inventions, whether products or processes, in all technical fields”. In the US,  the Supreme Court established the principle in the decision of Diamond v Chakrabarty in 1981 that “patentable subject matter should include anything under the sun that is made by man”.

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