Strategies and Suggestions for Patent Applications in the Hot Field of Biotechnology

作者/编者:King & Wood Mallesons
作者单位:金杜律师事务所
创作年代:2020
出处/来源:金杜律师事务所
学科分类:知识产权法学
所属机构:金杜律师事务所
文献语种:

摘要

The field of biotechnology is growing rapidly and the number of patent applications is skyrocketing. CAR-T, gene editing, and coronavirus vaccines have become hotspots due to their extremely high clinical value or due to epidemic outbreaks. Because of complex ethical issues, the rapid development and the unpredictability of biotechnology, there is particularity existing in the field of biotechnology, which means the policy and criteria of examinations are frequently changing. It would be very helpful for the applicant (or the patentee) to understand the dynamic changes in the examination criteria in the field timely and accurately, so that they can obtain and maintain their patent rights and protect their legitimate rights and interests successfully. This article analyzes the dynamic changes of examination in this field from three angles – sufficiency of disclosure, supportiveness of claims and inventive step, and further provides some strategies and suggestions based on these analyses.

关键词: Biotechnology; Gene Editing; Coronavirus; Sufficiency Of Disclosure; Supportiveness Of Claims

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