Patenting the Recombinant Products of Biotechnology and Other Molecules
AUTHOR: Ducor, Phillipe G.
PUBLISHER: Kluwer Law International
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It distinguishes three categories of recombinant products:
- `Translation' inventions, obtained by entering a known molecular information into a known process
- `Molecular modification' products, obtained by modifying prior art molecules
- `Combination' inventions, obtained by combining several known functional molecular units.
Recognizing the risk that many translation inventions will be considered obvious upon maturation of the underlying technology, the author examines possible alternatives for protection. The author critiques and ultimately rejects the idea of lowering the non-obviousness standard, elected by the Federal Circuit in In re Deuel.
The work describes several current examples of sui generis intellectual property rights and also examines a `no action' scenario, emphasizing that the rapid changes occurring in biotechnology might ultimately make the current problem obsolete.
Patenting the Recombinant Products of Biotechnology and Other Molecules also addresses broader issues such as the growing secrecy in basic science and its link to the disappearance of a clear distinction between basic and applied research. Patent law practitioners, inventors and researchers in the biotech world, and their advisors will appreciate this detailed, thorough analysis on this cutting-edge topic.
PUBLICATION DATE: 6/1/1998
CATEGORY: Law, Science