Problems of protecting complex inventions in the field of microbiology

Some problems are discussed which are connected with the protection of inventions in the field of microbiology when the invention is complex. The rights of the author are determined when a method and a product are to be protected at the same time. The additional juridical protection of a microbial strain is not necessary. The complex protection of a microbial strain and the method of its utilization is recommended in certain cases since it might prevent conflicts which arise upon the parallel juridical protection of a strain and the method of its utilization.     

A survey of problems relating to legal protection of genetic engineering inventions

In the first patent applications in the field of genetic engineering the main problems were the terminology and the definition of various concepts. This was mainly due to the fact that the field of genetic engineering was new to the patent officials as well as to the patent attorneys. At the moment the terminology and the concepts have already become familiar and patent problems also in the microbiological sector are merely technical. However, new exiting problems have arisen because of the rapid development in the field of plant and animal biotechnology. A lot of work is still needed before the patent system fulfills its purpose as a promoter of technical, economical and social progress also in the field of biotechnology.     

Intellectual property protection of plant biotechnology inventions

The intellectual property protection of biotechnology-related subject matter is undergoing significant change and several countries have revised their legislation and/or patent practice as a result of challenges from industry and members of the public. Plant-related subject matter can be protected using plant variety protection, utility patents or, in the USA, by plant patent. Although easier to obtain than a utility patent, plant variety protection does not provide the same scope of protection. Protecting a plant using a utility patent is permitted only in countries that allow the patenting of higher life forms and requires a higher degree of experimental support than is required for plant variety protection, although the scope of protection is being steadily reduced.     

Intellectual property protection for plant-related inventions in Europe

The economic and political issues that accompany the commercial growing of genetically modified crops, as well as the risk of transgene spread, are often top of the agenda for debate. But one important aspect is frequently overlooked--the intellectual property protection of plant-related inventions. What protection does European patent law afford to such inventions, how does it compare with the United States law and what are the consequences of the differences between them?