Abstract
In This Issue...
Patents are the lifeblood of the biopharmaceutical industry, which depends
heavily on intellectual property (IP) protection (especially patents and trade
secrets) to justify and support its investment in R&D. Although the
fundamentals of IP law in the United States and Europe are similar, there are
key differences with regard to issues of special concern to the pharmaceutical
and biotechnology industries. In this report, we present overviews of U.S. and
European patent law, discuss key differences between them, and examine patent
issues relating to the biopharmaceutical industry.
Table of Contents
Overview
U.S. Patent Law
European Patent Law
- A Brief History
- European Patent Explained
- Community Patent Stalls
U.S. and European Patent Law:Important Differences
- Ordre Public and Morality
- Candor
- Disclosure
- Oppositions and Re- Examination
- Right to Exclude and Compulsory Licenses
Biopharmaceutical Industry Patent Issues
- Patenting Life Itself
- DNA Sequences Are Patentable
- Contrasting Laws for Generic Drugs
- European Biotechnology Directive
- Medical Use Patents
Outlook
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