Biotechnology patents |
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Biotechnology has long raised issues for the patent sector. This POSTnote will examine the issues raised by two recent US cases where patents were deemed invalid, assess whether gene patents affect patient access to diagnostic tests and look at other aspects of biotech patenting. This could include the issue of whether whole genome sequencing infringes patents covering individual gene sequences, and the issues raised by the ‘morality clause’ in European patent law. This states that patents should not be granted on inventions, the exploitation of which would be contrary to public order or morality. This may have implications for the patentability of human embryonic stem cell lines where the derivation of the line has involved the destruction of a human embryo.
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