By Andreas Hübel
SpringerBriefs in Biotech Patents provides well timed experiences on highbrow houses (IP) matters and patent facets within the box of biotechnology. during this quantity the bounds of patentability are addressed, a query that's usually raised by way of biotechnological innovations: the 1st part addresses present matters within the patentability of crops produced by means of basically organic strategies together with the debate among farmer’s privilege and patent exhaustion with recognize to seeds within the US. the second one part examines the patentability of human embryonic stem cells in Europe and the U.S., additionally contemplating replacement applied sciences with admire to their practicability and patentability. The 3rd part makes a speciality of the patentability of genes and nucleic acids, in particular the problem of patenting of encoding genes and nucleic acids.
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Additional info for Limits of Patentability: Plant Sciences, Stem Cells and Nucleic Acids
In the claims the word ‘‘isolated’’ has precisely the meaning […] ‘‘separated from other molecular species in the form of a purified DNA fragment’’. Of course, if this feature is interpreted like that then in the soy meal there cannot be an infringement because the DNA is ‘‘mixed’’ with the meal and not separated. As a consequence, at least to my knowledge I have strong problems to imagine any situation where an infringement would be affirmed since DNA is— even in laboratories—usually never ‘‘isolated’’ but present in aqueous solution, mostly together with buffers and DNAse inhibitors to prevent its degradation.
Angew Chem Int Ed Engl 36:1321–1324 Eckardt LH, Naumann K, Pankau WM, Rein M, Schweitzer M, Windhab N, von Kiedrowski G (2002) DNA nanotechnology: chemical copying of connectivity Nature 420(6913):286 Hüttermann A, Storz U (2005) Zu den Auswirkungen der Änderungen des Patentgesetzes durch die Umsetzung der Biopatentrichtlinie. Zeitschr f Biopolitik 45–52 Hüttermann A, Storz U (2009) A comparison between biotech- and software-related patents. Eur Intellect Prop Rev 31(12):589–592 Hüttermann A, Storz U (2011) Die möglichen Auswirkungen des Monsanto-Urteils des EuGH auf das Konzept des Stoffschutzes bei chemischen Verbindungen.
A method for producing a protein, comprising the steps of culturing a cell according to claim 3 under conditions which allow expression of a protein. 5. A protein selected from the group consisting of (a) a protein encoded by a nucleic acid according to claim 1, (b) a protein comprising the amino acid sequence according to claim 1, (c) a protein according to (a) or (b) which comprises at least one conservative amino acid substitution, (d) a protein obtainable by the method of claim 4. 38 A. Hüttermann 6.