Characterization of genetic engineering inventions in patent claims

Sisko Knuth, Tuula Pehu and H. G. Gyllenberg

World Patent Information, 1987, vol. 9, issue 4, 229-234

Abstract: When genetic engineering patent applications from the period before 1982 are compared to applications filed from 1982 to 1985, some development and trends can be observed. Besides the rapid increase in the number of applications, some charges are obvious as to the frequency with which various objects occur in the applications. Microorganisms per se have become more attractive for patent applications, as have the methods to produce various substances (hormones, virus antigens etc.) The most significant decrease concerns methods to produce recombinant DNA and methods to produce 'man-made' microorganisms. This may be due to the fact that the methods of genetic engineering no longer provide particular opportunities for inventiveness. On the other hand attention has been drawn to the possibility of giving more weight to (social) usefulness in comparison to inventiveness in consideration of genetic engineering patent applications. It can also be concluded that the terminology used in the applications has developed towards more distinctness, and that the claimed coverage of protection has narrowed.

Date: 1987
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