Patents on Biotechnological Inventions: Legal and Jurisprudential Criteria in European Law and their applicability in Mexican Law
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Abstract
The first applications for protection of biotechnological inventions through patents found resistance at patent offices and courts. They were considered products of nature, or that the patent system was not suitable for living matter. It was also argued that biotechnological inventions did not meet the requirements for patentability or legal prohibitions that prevented their protection by patent. The European Patent Office, and European courts, through a series of resolutions were repealing the exceptions to patentability of living matter. This jurisprudential development was the basis for the preparation of Directive 98/44. Given that the regulation of European patent system has a close similarity to the Mexican patent system, we propose the applicability of the European criteria for examining applications for patents on living matter.
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