PUBPOL 201 Lecture Notes - Lecture 3: European Patent Law, Genetically Modified Organism, Patent Office
Document Summary
The decision in the diamond v. chakrabarty case: Allowed patents on anything under the sun made by man . The life form they were trying to figure out was genetically modified organisms, if they should be able to be patented. It was specifically about a bacteria that was genetically modified to eat oil. Questions about if it was entirely made by man arose, but the supreme. In europe, an animal patent will only be granted if the benefit to humankind outweighs the suffering of the animal. The name of this clause in the european patent law is the weighing up test. It was one way in which they specified the ordre public clause. It"s not completely clear where it comes from, it seems to be at least opaque. What starts to happen is at the same time that the eu is talking and thinking about the biotech directive is around the same time the epo is thinking of ___
