Book contents
- Patents on Life
- Patents on Life
- Copyright page
- Contents
- Contributors
- Prefatory Note and Acknowledgements
- Opening
- I Life Patents, Law, and Morality
- 2 Morality, Religion, and Patents
- 3 Religious and Moral Grounds for Patent-Eligible Subject Matter Exclusions
- 4 Life-Form Patents: Proceedings in the European Patent Office and the Role of Non-commercial Parties
- II Religious Perspectives on Life Patents
- III Social Justice and Political Aspects
- Closing
- Index
4 - Life-Form Patents: Proceedings in the European Patent Office and the Role of Non-commercial Parties
from I - Life Patents, Law, and Morality
Published online by Cambridge University Press: 28 September 2019
- Patents on Life
- Patents on Life
- Copyright page
- Contents
- Contributors
- Prefatory Note and Acknowledgements
- Opening
- I Life Patents, Law, and Morality
- 2 Morality, Religion, and Patents
- 3 Religious and Moral Grounds for Patent-Eligible Subject Matter Exclusions
- 4 Life-Form Patents: Proceedings in the European Patent Office and the Role of Non-commercial Parties
- II Religious Perspectives on Life Patents
- III Social Justice and Political Aspects
- Closing
- Index
Summary
Article 53 of the European Patent Convention prohibits the grant of patents for plant or animal varieties and for inventions whose commercial exploitation would be contrary to ordre public or morality. These provisions are therefore both criteria for the grant of patents and grounds for opposing granted patents. The interpretation of these provisions and their application to particular cases lies ultimately in the hands of the Boards of Appeal of the European Patent Office which have considered both patent applications and oppositions against granted patents on these grounds. This chapter begins with a summary of the law, the procedure for opposing patents on these grounds and the principal decisions in this field. It then reviews the manner in which opponents of patents other than commercial parties – such as pressure groups, political parties and churches – have organised themselves as opponents. Lastly, it considers how these non-commercial opponents have conducted their cases, their degree of success, whether they could do more to question the grant of life form patents – and whether, as the author considers they should, churches and other organisations with ethical credentials should actively question life form patents.
Keywords
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- Information
- Patents on LifeReligious, Moral, and Social Justice Aspects of Biotechnology and Intellectual Property, pp. 59 - 82Publisher: Cambridge University PressPrint publication year: 2019
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