European patents for biotechnological inventions - past, present and future

Abstract It is now well accepted that although biotech inventions may relate to living materials it is possible to secure patent protection for all but a limited number in certain defined categories. The author traces the development of biotech patents from the early days, when decisions of the Courts and the EPO set the necessary precedents, to the adoption of the European Directive in July 1998. He then goes on to explain in more detail the key features of the Directive and refers to a number of precedent decisions which, in combination with the Directive, show how certain problem areas have been tackled. Although emphasis is placed on the key areas of plant and animal patents, the patenting of gene sequences and issues of morality the author stresses that the established principles of novelty, inventive step and industrial application are, more often than not, adequate to decide the patentability of the vast majority of biotech inventions.