Biotechnology PatentsWhat You Need To Know

One corollary effect of digital age is the advances in science and technology. A discipline of science that is found to have development is biotechnology. Some see it an advantage as it may be used to cure sickness or help to live a healthy lifestyle. Others see it a proof that indeed, there are new mutations in organisms as advance to the next age. Before any inventions or intellectual properties from biotechnology discipline may be of use in commerce, inventors must seek first biotechnology patents. Biotechnology is the term used referring to the utilization of living systems or organisms to develop into useful products such as medicine and products for agriculture and food consumption. Genetic engineering and culture of tissue and cell also fall within the context of biotechnology. In Europe, the European Patent Office handles all processes, issues, and needs in patent licensing. The EPO may grant or refuse patents for biotechnology based on the European Patent Law. The standards used are similar to those in technical fields. These are the originality, susceptibility of its industrial application, and whether or not there is an inventive step. Due to the diversity in biotechnology, the European Union, after a decade long debate, has adopted the Biotech Patent Directive, which clarifies the distinction between what are non-patentable and patentable biotechnology products. Thus, any invention relevant to human as an individual, plant or animal genes, their functions and gene sequences are patentable. However, patenting the whole human body in each phase of its development and creation is not. Even the applications necessary for the procedures in cloning humans, engineering of human germ line, and the utilization of embryos for use in industrial and commercial are not patentable. Ordinarily, biotechnical inventions may still be patented, except for three types. One, if the invention is an essential biological process for production of animals and plants. Two, if the invention belongs to an animal or plant variety, unless their technical feasibility is not restricted to a specific variety. Three, if the invention is a method for treatment of either animal or human body through therapy, surgery, and diagnostic practiced on animal or human bodies. Then of course, if the biotechnology is contrary to moral or public order, a patent cannot be obtained. With the completion of human genome sequence, many inventions are pending for Pharmaceutical Patents. These patents may have the answer to the plaguing health

problems of mankind. Yet, such inventions need to be aligned to generally accepted principles of good customs, morals, and laws.