Animal Patents: The Legal, Economic and Social Issues by William Lesser

By William Lesser

Following the united states Patent Office's assertion in 1987 that it considers animals "to be patentable subject material in the scope" of patent legislation, there was substantial around the globe debate in this topic. This paintings includes the complaints of the Animal Patents Symposium held at Cornell college, united states, on December 5-6, 1988, prepared via the editor of this paintings.

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169 et seq. Lesser, W. (1987) Applying Animal Patents in Agriculture: Lessons for Farmers and the Patent Office for Self-Reproducible Animals. World Intellectual Property Organization, Proceedings, Symposium on the Protection of Biotechnological Inventions, June 4-5,1987, Ithaca, NY, pp. 134-54. - - (1988) Animal Patents in the USA: Are the Concerns Justified? Lecture given at World Intellectual Property Organization, Geneva, Sept. 1988. McEvoy, T. , M. Stack, T. Barry, B. Keane, F. Gannon, and J.

Patents for gene technology in the animal field will be able to control commercial application of that technology from the gene construct stage through all subsequent stages up to the final product (the intact animal). The same can be said of corresponding patents in the plant field, although the strategy of UPOV now appears to be to restrict the dominance of a plant patent or a plant gene patent over subsequent plant variety rights obtained for new varieties produced with the aid of the patented technology.

1 of March 27, 1986, 1986 Off J. EPO, 301 (at 304)Appetite suppressant/DUPONT; see also decision of the Technical Board of Appeals of July 26, 1983, 1984 Off J. EPO, 112 (at 116)-Propagating Material/CIBA-GEIGY. 9 US Patent no. 4,736,866 (issued April12, 1988). 10 EP publication no. 0264166-A 1 (April20, 1988). 11 Neither the rodent of claim 11 nor the "rodent being a mouse" of claim 12 in the Leder patent can be viewed as an animal variety. " 8 23 Legal Issues processes for the production of animals.

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