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Comparative law study on biotechnology patents of therapeutical use in the USA and European patents

Objective

Analysis of the legal practice in relation with the contents of Biotechnology Patents of Therapeutical Use. Study of claims and description. Scope of protection of Biotech. Patents.

The study of Biotech. Patents will focus on their description and claims, a comparison of their scope and exclusive rights in relation with therapeutic groups. The study will have a preliminary part dealing with the general problems of scope of claims and the drafting of claims. This is a topic of major importance. The different chapters of the study are: Preliminary part. Scope of protection. Interpretation of art. 69 EPC as to Biotech. Patents. Infringement of Patents. The infringement of patents is related to the scope of protection. Specially in Biotech. field is important to ascertain the practice of Tribunals. Different forms of infringement relevant in the field in relation to the different types of claims. This matter is developed by the comparison with the legal situation in the United States. Genetic therapy inventions. The study will focus on the comparison of the US situation. Use patents in the Spanish Transitional Period. The different Drafts of the European Directive.

Funding Scheme

CSC - Cost-sharing contracts

Coordinator

Centro de Estudios para el Fomento de la Investigación
Address
Avda Brasil 17 9Ec
28020 Madrid
Spain

Participants (1)

St Bartholomew's and the Royal London School of Medecine and Dentistry
United Kingdom
Address
Ec1a 7Be,west Smithfield
London