The European “WARF” Decision – G02/06 – changed examination practice at the European Patent Office in relation to inventions involving human ES cells. Rule 28 EPC 2000 provides that European patents shall not be granted in respect of...
Brüstle v. Greenpeace e.V. (C-34/10) concerns a patent held by Professor Oliver Brüstle, who is the director of the Institute of Reconstructive Neurobiology at the University of Bonn. His research includes treating neurological disease by transplanting neural stem...
Concern and apprehension have been rife for patentees and practitioners alike in light of the Brüstle decision, which set out the CJEU’s decision as to what is and what is not excluded from patentability by the morality provisions of the Biotech Directive. Even...
Deadlines for Filing Divisional Applications We have previously discussed the revised rules for filing divisional applications introduced with effect from 1 April 2010. These previous changes introduced a 24 month period for filing any divisional applications...
The patent was granted in 2001 and alleged by many to relate, intentionally or otherwise, to human cloning. This latter concern was rapidly extinguished but the patent was nevertheless opposed by 14 parties, principally on the ground of lack of morality, leading to a...
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