By Arthur Einsele (auth.), Armin Fiechter, Christof Sautter (eds.)
A. Einsele: the distance among technological know-how and conception: The Case of Plantbiotechnology in Europe.-
A. Schrell, H. Bauser, H. Brunner: Biotechnology Patenting coverage within the eu Union - as Exemplified through the advance in Germany.-
M. Leisola: Bioscience, bio-innovations and bioethics.-
M.P. Oeschger, C.E. Silvia: Genetically changed Organisms within the usa: Implementation, issues and Public Perception.-
P. Aerni: Agricultural biotechnology and its contribution to the worldwide wisdom Economy.-
T. Schlaich, B. Urbaniak, M.L. Plissonnier, N. Malgras, C. Sautter: Exploration and Swiss box trying out of a viral gene for particular quantitative resistance opposed to smuts and bunts in wheat.-
C. Gessler, A. Patocchi: Recombinant DNA expertise in apple.- J.B. Van Beilen, Y. Poirer: customers for biopolymer creation in plants.-
P.A. Vidi, F. Kessler: Plastogobule lipid our bodies: their funktions in chloroplasts and their strength for applications.-
F. Felber, G. Kozlowski, N. Arrigo, R. Guadagnuolo: Genetic and Ecological outcomes of Transgene circulation to the Wild Flora.-
F. Widmer: Assessing results of Transgenic plants on soil Microbial Communities.-
O. Sanvido, J. Romeis, F. Bigler: Ecological affects of Genetically Modiefied vegetation: Ten Years of box study and advertisement Cultivation
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Example text
E. the national territory—in return for his disclosure of the invention to the public, so that the public will be able to learn and use the invention within the framework of patentee’s rights and, after expiry of the patent, without any of such limits. To express it in the words of Abraham Lincoln, “the patent system added the fuel of interest to the fire of genius”. 16 A. Schrell et al. Filing a patent application for an invention usually results in the invention being published either as application or as patent.
Article 53(a) EPC aims to exclude inventions from patent protection if they stand in unambiguous contradiction to the widely accepted ethical and social standards in our society. Accordingly, the patent law must be applied in a way that respects the fundamental principles of social and individual life guaranteeing the integrity and dignity of individuals. On the other hand patent law is not the watchman of morals. Patent Offices are technically oriented registration and administration authorities and not designed to correct or control the development of technology.
The following considerations are based on the currently applicable law of the EPC, which closely resembles the stipulations of the German Patent Act. 2 Eligibility Requirements for Patenting under the EPC The question of what is in principle patentable under the EPC has to be answered on the basis of Articles 52 and 53 EPC [9]: Article 52: Patentable Inventions 1. European patents shall be granted for any inventions, in all fields of technology, provided that they are new, involve an inventive step and are susceptible of industrial application.