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- Title
Erythropoietin in the UK: a setback for gene patents?
- Authors
Crespi, R Stephen
- Abstract
The article presents information on the setback for gene proteins in Great Britain and related issues. The recently concluded litigation on Kirin-Amgen's erythro-protein patent in Great Britain courts has added a further chapter to the intriguing saga of recombinant DNA patents and their enforcement. Whenever a new process is invented for the preparation of a previously known substance, the new process can in principle be patented. But in European Patent Office practice, a claim to the product when prepared by the new process is not allowed unless the product is in some way different from the previously known substance. This practice stems from Technical Board of Appeal decisions and is apparently here to stay.
- Subjects
UNITED Kingdom; PATENT law; GENETIC engineering; DNA; GENETIC recombination; NUCLEIC acids
- Publication
Nature Biotechnology, 2005, Vol 23, Issue 3, p367
- ISSN
1087-0156
- Publication type
Article
- DOI
10.1038/nbt0305-367