The role of the function of DNA sequence before and after grant


Caroline Pallard and Bart Swinkels

Recent European decisions have provided much to think about for practitioners concerned with DNA sequences. Caroline Pallard and Bart Swinkels investigate.

Before grant

Industrial application is one of the requirements of a European patent (EP). Subsequently, the EC Biotech Directive 98/44 provided more explanation of the concept of industrial application of DNA sequences: the industrial application of a DNA sequence must be disclosed in the application. A DNA sequence without indication of a function is not a patentable invention. If a protein is to be produced, its function should be defined in the application.

Several EP case law decisions issued on industrial application of DNA sequences-related inventions shed new light on the concept of ‘function’ when applied to a protein/corresponding DNA sequence.

DNA sequence, ECJ, Myriad, Monsanto