Title: Gene and genetic diagnostic method patent claims: a comparison under current European and US patent law
Authors: Huys, Isabelle
Van Overwalle, Geertrui
Matthijs, Gert # ×
Issue Date: Oct-2011
Publisher: Karger
Series Title: European Journal of Human Genetics vol:19 issue:10 pages:1104-1107
Article number: 10.1038/ejhg.2011.76
Abstract: The paper focuses on the fundamental debate that is going on in Europe and the United States about whether genes and genetic diagnostic methods are to be regarded as inventions or subject matter eligible for patent protection, or whether they are discoveries or principles of nature and thus excluded from patentability. The study further explores some possible scenarios of American influences on European patent applications with respect to genetic diagnostic methods. Our analysis points out that patent eligibility for genes and genetic diagnostic methods, as discussed in the United States in the Association of Molecular Pathology versus US Patent and Trademark Office decision, is based on a different reasoning compared with the European Patent Convention.
ISSN: 1018-4813
Publication status: published
KU Leuven publication type: IT
Appears in Collections:Research Centre for Pharmaceutical Care and Pharmaco-economics (-)
Department of Human Genetics - miscellaneous
Research Unit KU Leuven Centre for IT & IP Law (CiTiP)
× corresponding author
# (joint) last author

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