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Aegis or Achilles Heel: The Dilemma of Homology in Biopatents in the Wake of Novozymes

Published
Nomos Verlagsgesellschaft mbH & Co. KG 2018
Physical Description
1 online resource (72 p.)
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Language Note
English
Restrictions on Access
Open Access Unrestricted online access
Summary
Biopatents frequently disclose sequences of polypeptides and nucleic acids in the written description. The claims often cover a homology range surrounding the disclosed sequence to get a broader protection. However, homology claims face a hurdle that they may lack support by the written description. The Supreme Court of China ruled that homology claims lack support, but a further limitation by species of origin satisfies this requirement. This study explains that homology per se should have formed the essence of such disputes. Homology dictates the skilled person's confidence on the functionality of unknown sequences, and is involved in multiple patentability requirements. Thus, the assessment of support is not an isolated matter. Disparity of different requirements creates an unclaimable gap, and constitutes a discrimination to biotechnology. An appropriate test for the support requirement is thus furnished to confer a scope of protection commensurating to the technical contribution.
Other Subject(s)
ISBN
/dx.doi.org/10.5771/9783845292717
9783845292717
Collection
DOAB Library.
Terms of Use and Reproduction
Creative Commons https://creativecommons.org/licenses/by-nc-nd/4.0/
View MARC record | catkey: 33189319