Patenting Animal Genetic Inventions

1
Patenting Animal Genetic Inventions

• The Ethics of Patenting Animal Genetic Inventions
• -
• NCCR PhD Workshop 2007
• -
• Michelangelo Temmerman

2
Introduction

• What is a Patent?
• Patentability of Animal Biological Material
• Article 27 TRIPs Agreement
• European Patent Office
• United States
• Canada

3
Animal Gene Sequences

• Isolation into laboratory form function
  Patentable
• Patent on information or patent on a biological
  substance?
• Scope of gene sequence patents limited to
  laboratory form or extending to the organisms in
  which they are incorporated?

4
Ordre Public Morality

• European concept inexistent in the US and
  Canada
• Article 53 (a) EPC, Shall not be patentable
  inventions the publication or exploitation of
  which would be contrary to ordre public or
  morality, provided that the exploitation shall
  not be deemed to be so contrary merely because it
  is prohibited by law or regulation in some or all
  of the Contracting States. (emphasis added)
• EPO Balancing test evaluating the likely
  suffering of animals v. any medical benefit
  (Cf. Oncomouse)
• Ordre Public?

5
Questions

• Is the ordre public/morality concept relevant
  anyway given the (limited) nature of patents?
• Is the (commercial) exploitation of (certain)
  transgenic animals immoral?
• Is the (commercial) exploitation of (certain)
  transgenic animals contrary to the ordre public?