Decided to eliminate the provisions of the U.S. since the beginning of the second half of the twentieth century portability products that are used in the production of micro-organisms for the patent. One of the main issues that have laid this principle cause of Merck & Co. v. Olin Mathieson Chem. Corp. Has ruled that the Fourth Circuit of the Federal Court of Appeal in this case the validity of the patented product is a medicine that contains elements of its effectiveness of vitamin B-12, used in the treatment of severe anemia and are prepared using a type of fungus is obtained by way of fermentation to extract the materials that go into installation medication. ([1])
In France, did not address the French Patent Law of 1968, the issue of susceptibility of microorganisms for the patent like the majority of the legislation states. However, the provisions of the French judiciary has decided to protect the micro-biological methods, such as method of fermentation fermentation, by a patent, on the grounds that it serves as a means for the application of a new industrial-known ([2]).
And dealt with the European Convention on the grant of the patent (EPC) of this subject, and Article 53 of the Convention provides that:
"Shall not be granted European Patent for: (a) ... (b) varieties of plants and animals, as well as essentially biological processes for the production of plants and animals. Shall not apply this provision on the roads micro-biological products, which are obtained using these methods."
The legislation quoted European countries this provision for the Munich Agreement. In the year 1978 amended Article 7 of the Patents Act French issued in 1968 and decided to paragraph (c) of the same article that the exception relating to varieties of animals and essentially biological processes for the production of plants and animals of susceptibility to obtain a patent does not apply to roads micro-biological products which are obtained using these methods ([3]) (Law No. 68-742 issued on July 13, 1978 article 5) as did the legislation of European countries signed the Munich Agreement.
Has bestowed legislative texts advanced protection through a patent on ways to use microorganisms, and the products that are obtained using these methods, but did not address the issue of protecting the microorganisms themselves by a patent, because the protection of these objects were collide with the principles entrenched traditional underlying the patent system, which provides for the exclusion of organisms in all its forms and types of circuit protection by the patent.
In the year 1980, began the traditional principles that eliminate the exclusion of organisms of protection in the fall when the Supreme Court issued in the United States ruled in the famous case of Diamond v. Chakrabarty ([4]), and ruled that the validity of a patent granted for innovation theme type of bacteria have the ability to melt the waste oil, has been devised by changing the genes. The latest amendment to this provision radically in the principles that underpin the legal system for patents, as it decided to protect the micro-organisms themselves and not just a method devised by the patent. Have been affected by the legal systems applicable in developed countries to a large extent this provision and began the trend toward confer protection on the same micro-organisms by the patent.
([1]) See: United States Court of Appeals, fourth circuit, 1958. 253 F. 2d 156, 116 USPQ 484.
([2]) Trib. Civ. Seine 9 mai 1959, Ann. prop. ind. 1963, 330 note M. de Hoss - Add Trib. gr. inst. Paris 3 mars 1962 inedit et 26 mars 1965: Rev. de L 'I.N.PI. 1965. BJ 75.
Referred to in that:
Christian Le Stanc, Exclusions de brevetabilité, Juris Classeur. Fasc. 150 no17.
([3]) has changed the numbering of Article 7 of the Patent Law of the French in 1968, and is now bearing the number L. 611-17 in the legalization of the French Industrial Property Act No. 92-597 in the first July 1992 (amended by Law No. 94-653 on July 29, 1994).
([4]) See: Francis & Collins, "Cases and Materials on Patent Law", 1995 p. 516.
التسميات
Intellectual property