Biotechnology patent progress

Kathryn Robinson of Hempsons considers the most recent UK and EPO developments in stem cell and gene patenting

Article 6.1 of the Biotechnology Directive states, “Inventions shall be considered unpatentable where their commercial exploitation would be contrary to ordre public [meaning public policy] or morality; however, exploitation shall not be deemed to be so contrary merely because it is prohibited by law or regulation.” Article 6.2 of the Biotechnology Directive goes on to list, in a non-exhaustive way, what is considered unpatentable on these grounds: