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From application to patent in genetic engineering: 19 Cases of the European patent office

Tuula Pehu, Sisko Knuth and H. G. Gyllenberg

World Patent Information, 1988, vol. 10, issue 3, 184-190

Abstract: All documents 'relating to 19 decided EP patent applications in the field of genetic engineering were examined. The aim of the study was to find out, how the patentability of the inventions was evaluated by the Patent Office and by the opponents. Generally, patents have been granted without changes or with only minor changes as compared with the corresponding applications. In the cases where differences of opinion have arisen between the different parties, the most frequently discussed topics have dealt with the novelty and inventive step of the inventions. Significant questions in these cases have been the evaluation of the equivalence of inventions and the assessment of what a person skilled in the art would consider obvious. Broadness of the claims and insufficient description have also been subjects for discussion. The opponents consider the inventions questionable more often than the Patent Office and they pay more attention to the inventive step of the inventions. As a conclusion it can be stated that patenting of the genetic engineering inventions is still in a somewhat confused stage, and the initial liberal attitude has changed in a new, stricter direction.

Date: 1988
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