Kontrowersje wokół zdolności patentowej wynalazków biotechnologicznych

Abstrakt

In this article the patentability of biotechnological invention is discussedfocusing on some controversies still arising in that area. Beginning from a fewlandmark decisions permitting broad patenting of biotechnological inventions bothin Europe and USA (albeit not issued concurrently) the answer for the patentabilityof living organisms has been made obvious. The assessment should no longer relyon the distinction that the subject matter of the invention is alive. The above hasconfirmed the biotechnology directive enacted in 1998. The directive should not beperceived as the sufficient tool for regulation of patentability of biotechnologicalinvention. In the last ten years patent offices across the world are facing severalimportant questions regarding more specific interpretation of the requirements ofpatentability in that context. The article shows how the concept of novelty, inventivestep (non-obviousness) and industrial capability is understood in the field ofbiotechnology, with particular focus on gene patents. Also the line between inventionand discovery is commented. As a separate issue, the exclusion from patentabilitydue to contradiction with morality principles is briefly introduced.