Patent examiners not only have to tackle legal questions, but in cases of inventions directed to genetically modified animals they must consider moral issues too. This forms part of a wider controversial debate surrounding animals and patents. LSIPR reports.
Animal testing is one of the most contentious issues of modern times. On the one hand, the suffering of animals is not worth the speculative attempts to find a cure for diseases. On the other, if such testing can bring about cures for life-threatening diseases, then the pain is worth it.
Biotechnology companies have sought patents covering transgenic animals at agencies including the US Patent and Trademark Office (USPTO) and the European Patent Office (EPO). But such applications—sometimes directed to improved ways of conducting medical research—usually invite challenges from non-profit groups that are ideologically opposed to the patenting of transgenic animals.
It is primarily the job of offices such as the EPO to grant patents based on their legality, but a provision within the European Patent Convention (EPC) blurs the line between morality and legality. Under article 53(a) of the EPC, the EPO cannot grant patents for inventions which would be contrary to ‘ordre public’, or morality. Such a provision places the burden of deciding not only patent eligibility but morality on to EPO examiners.
Life Sciences Intellectual Property Review (LSIPR) tracks the increasing challenges for intellectual property specialists in the rapidly evolving world of life sciences. From gene patents to stem cell research, we provide the very best news and analysis.
To continue reading this article and to access 4,500+ articles, our digital magazines and special reports published for LSIPR subscribers only then you will need a subscription.
If you are already subscribed please login.
Official LSIPR subscribers include:
Allen & Overy
Arnold & Siedsma
Birch, Stewart, Kolasch & Birch LLP (BSKB)
Carpmaels & Ransford
Cooley
European Patent Office
Finnegan LLP
GH Research
Gowling WLG
George Washington Law School
HGF Limited
IQVIA
Kirkland & Ellis International LLP
Marks & Clerk
Mintz Levin
NiKang Therapeutics Inc.
Powell Gilbert LLP
Procopio, Cory, Hargreaves & Savitch LLP
Taylor Wessing
The United States Patent and Trademark Office (USPTO)
Valea AB
World Intellectual Property Office
For multi-user price options, or to check if your company has an existing subscription we can add you into for FREE, please contact Atif at achoudhury@newtonmedia.co.
If you have any technical issues please email tech support.
USPTO, European Patent Office, EPO, EPC, GM, animal, IP, PTAB, DNA,