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- Title
Patenting biotech beyond the central dogma.
- Authors
Wu, George
- Abstract
The article discusses the new interpretations of the legal scope of patentability by the U.S. Court of Appeals for the Federal Circuit (CAFC). The requirements for patent application in the country are cited including the novelty of the invention noted in the case In re Bilski. The case In re Kubin tackled the need for an invention to be non-obvious to become eligible for patent. Both standards for biotechnology as they relate to composition claims were also addressed in the cases. It concludes that technology will become the basis of patentability.
- Subjects
UNITED States; PATENTS; UNITED States. Court of Appeals (Federal Circuit); ACTIONS &; defenses (Law); BIOTECHNOLOGY; BIOTECHNOLOGY industries
- Publication
Nature Biotechnology, 2010, Vol 28, Issue 3, p230
- ISSN
1087-0156
- Publication type
Article
- DOI
10.1038/nbt0310-230