The fundamental importance of morality to the patenting of animals under the European patent convention
The fundamental importance of morality to the patenting of animals under the European patent convention
The main focus of this study is the first European patent to be granted by the EPO for an animal, a transgenic mouse, the Harvard Oncomouse. The Oncomouse case is a landmark case in animal patenting in Europe and also in respect of establishing the importance of Article 53 (a) EPC. Prosecution of the European patent application for the Oncomouse, from refusal, to grant and into opposition proceedings is reviewed. Its prosecution for the Oncomouse, from refusal, to grant and into opposition proceedings is reviewed. Its prosecution before the EPO is compared to prosecution of the application before the US and Canadian Patent Offices. The range of arguments put forward based on the grounds that the patent offends against Article 53 (a) during the examination; appeal and opposition proceedings are analysed.
The thesis is critical of the handling of the Oncomouse case by the EPO particularly the effectiveness of the Oral proceedings before the Opposition Division and the EPO’s assessment of the objections raised under Article 53 (a). It is acknowledged that morality issues are not easily addressed but the EPO has a duty to treat Article 53 (a) with the due respect it deserves and to provide an adequate system for doing so. It proposes changes to the structure of the EPO to remedy this failure.
The Oncomouse case is still awaiting a final decision by the EPO 16 years after the filing of the application. This will not be available for some time yet, as the pending decision of the Opposition Division will almost certainly be appealed. In addition it is unlikely that the matter will rest there. If the patent is challenged directly in the national courts of some EPC Contracting States and if these States differ in their interpretation of the morality exception, (which in view of the differences in the religious, political and animal welfare positions adopted by certain by the EPC Contracting States they undoubtedly would) this could result in the undermining of the authority of the EPC as a means of harmonising patent protection in Europe.
University of Southampton
Richards, Georgina Ann
5a6ba4ed-c739-40ec-bd0b-aa75943fc9b9
2002
Richards, Georgina Ann
5a6ba4ed-c739-40ec-bd0b-aa75943fc9b9
Richards, Georgina Ann
(2002)
The fundamental importance of morality to the patenting of animals under the European patent convention.
University of Southampton, Doctoral Thesis.
Record type:
Thesis
(Doctoral)
Abstract
The main focus of this study is the first European patent to be granted by the EPO for an animal, a transgenic mouse, the Harvard Oncomouse. The Oncomouse case is a landmark case in animal patenting in Europe and also in respect of establishing the importance of Article 53 (a) EPC. Prosecution of the European patent application for the Oncomouse, from refusal, to grant and into opposition proceedings is reviewed. Its prosecution for the Oncomouse, from refusal, to grant and into opposition proceedings is reviewed. Its prosecution before the EPO is compared to prosecution of the application before the US and Canadian Patent Offices. The range of arguments put forward based on the grounds that the patent offends against Article 53 (a) during the examination; appeal and opposition proceedings are analysed.
The thesis is critical of the handling of the Oncomouse case by the EPO particularly the effectiveness of the Oral proceedings before the Opposition Division and the EPO’s assessment of the objections raised under Article 53 (a). It is acknowledged that morality issues are not easily addressed but the EPO has a duty to treat Article 53 (a) with the due respect it deserves and to provide an adequate system for doing so. It proposes changes to the structure of the EPO to remedy this failure.
The Oncomouse case is still awaiting a final decision by the EPO 16 years after the filing of the application. This will not be available for some time yet, as the pending decision of the Opposition Division will almost certainly be appealed. In addition it is unlikely that the matter will rest there. If the patent is challenged directly in the national courts of some EPC Contracting States and if these States differ in their interpretation of the morality exception, (which in view of the differences in the religious, political and animal welfare positions adopted by certain by the EPC Contracting States they undoubtedly would) this could result in the undermining of the authority of the EPC as a means of harmonising patent protection in Europe.
Text
905284.pdf
- Version of Record
More information
Published date: 2002
Identifiers
Local EPrints ID: 465020
URI: http://eprints.soton.ac.uk/id/eprint/465020
PURE UUID: 87999d77-f646-4022-9846-12d6411fab00
Catalogue record
Date deposited: 05 Jul 2022 00:16
Last modified: 16 Mar 2024 19:53
Export record
Contributors
Author:
Georgina Ann Richards
Download statistics
Downloads from ePrints over the past year. Other digital versions may also be available to download e.g. from the publisher's website.
View more statistics