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Guidelines for the Examination of Biological Invention Patent Applications in the United Kingdom
date: 2005-05-01

description

1.This guide sets out the guidelines of the UK Patent Office when it comes to applications for biotechnological inventions. The relevant regulations are the classics 2000 annual

Patent regulations (SI2000/2037) modified 1977 The Patent Act of 2000, And special classics 2001 Patent law of 2000 (amendment)

Detailed rules (SI2001/1412) modified 1995 The Patent Law rules of 1996. 2000 The Patent regulations of 2000 2000 years 7 month 28 Nissei

The effect, And implement European directives 98/44/EC Control of 1-11 The provisions on the legal protection of biotechnological inventions. These provisions

The patentability requirement for biological inventions is concerned and is therefore probably the most important provision of the directive. 2001 years (amendment) Detailed rules in

2001 years 7 month 6 The date when the instruction takes effect and executes 13 and 14 article, It involves the preservation of biological materials, Acquire and represerve.

Not given in this guide 2002 Annual patent right and plant variety right (Compulsory license) regulation (SI2002/247) In the UK Patent Office

Criterion of, The ordinance is 2002 years 3 month 1 Daily execution instruction no 12 article. these 2002 The annual regulations deal with patents and plants

Compulsory cross licensing between breeding rights, It has no direct effect on the content before authorization.

2.This edition of the guide is 2003 years 11 An update to the guide published in January. All significant corrections are indicated by the lateral line.


3.Any questions or suggestions about this guide can be mailed to Rowena Dinham, Room 2. Y35, The Patent Office,

Concept House, Cardiff Road, Newport, South Wales, Np10 8QQ (telephone: 01633 814995) .


background

4.1970 European Patent Convention (EPC) The passage of EPC Signatories and the European Patent Office (EPO) centralizable

Important unification of patentability requirements. 19 80 Chronological sum 90 The British patent guidelines are based on sources from the British courts and EPO on

An earlier case against the commission is gradually formed. however, although EPC Provides unity, But in 19 century 80 The era of the European Union

The interpretation of the uniform Act by member States is different, Especially when it's applied to biotech inventions. This led the European Commission

The Commission proposes a directive on the legal protection of such inventions EU Reach greater consensus within the United States. instruction (98/44/EC) finally

in 1998 years 7 Month adopted, Almost immediately after an earlier directive was rejected by the European Parliament. Although as mentioned above,

The UK fully implemented the directive, But this is not true of all EU member states. In addition, Although the European Patent Organization because No

Is a Community institution and is not obliged to consider the directive, but EPO A pair used to manage patents granted in Europe EPC The enforcement regulations have been

It is in accordance with the instructions.

5.in the United Kingdom, 2000 The Patent Regulations of 2000 recognized and clarified that inventions of biological materials, including genetic sequences, may be

Legitimate patent application subject matter. In other words, These regulations clearly established the legality of biotechnology patents in Britain.

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