Patents for Chemicals, Pharmaceuticals, and Biotechnology: Fundamentals of Global Law, Practice, and Strategy

By Philip W. Grubb | Go to book overview

13
BIOTECHNOLOGICAL INVENTIONS

The Microbe is so very small
You cannot make him out at all . . .
But Scientists, who ought to know
Assure us that they must be so . . .
Oh! let us never, never doubt
What nobody is sure about!
Hillaire Belloc: ' The Microbe'

What is Biotechnology? 224
Patents and Biotechnology225
Microbiological Inventions226
Patentability of Micro-organismsper se226
Description and Deposition Requirements227
The Budapest Treaty228
Recombinant DNA Technology230
Scientific Background230
Gene Splicing Techniques231
Transformation and Expression231
Isolation of the Gene Product232
Patentable Inventions in Recombinant DNA Technology233
General Techniques233
Specific Gene Products and DNA Sequences234
Inventive Step235
Breadth of Claims235
Validity Attacks on Broad Claims236
Monoclonal Antibody Technology238
Scientific Background238
Patentability241
More Recent Technologies242
Antisense Technology242
Cell Therapy242

Gene Therapy 243

What is Biotechnology?

Classical biotechnology may be defined loosely as the production of useful products by living micro-organisms, and as such it has been with us for a long

-224-

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