Zimmer Franz-Josef, Sethmann Svenja
Grünecker, Kinkeldey, Stockmair & Schwanhäusser, Law Firm, Munich, Germany.
Sci Eng Ethics. 2005 Jan;11(1):97-104. doi: 10.1007/s11948-005-0061-9.
Over the last years several European patents were opposed for protecting technology violating the morality requirement under Article 53(a) EPC. Attempts have been made by the Appeal Boards of the European Patent Office (EPO), as well as by amendments introduced into the Implementing Regulations of the European Patent Convention (EPC), to address this sensitive patentability requirement more precisely. The most recent hot topic coming up in this context is the patentability of stem cells. It is to be expected that this discussion will still go on in the field of biotechnological inventions for the next several years.
在过去几年中,多项欧洲专利因保护违反《欧洲专利公约》(EPC)第53(a)条道德要求的技术而遭到反对。欧洲专利局(EPO)上诉委员会以及对《欧洲专利公约》(EPC)实施细则的修订都试图更精确地处理这一敏感的可专利性要求。在此背景下出现的最新热门话题是干细胞的可专利性。预计在未来几年里,生物技术发明领域的这场讨论仍将继续。