Advanced

Patentability of methods of human enhancement

Nordberg, Ana LU (2015) In Journal of Intellectual Property Law & Practice 10(1). p.19-28
Abstract
This article explores how to apply patentability rules to human enhancement, particularly focusing on Article 53(c) of the European Patent Convention (EPC).The global size and value of the cosmetic and wellness market and industry allow for the prediction of considerable market potential for human enhancement. Patents will be instrumental for companies to protect investment in innovation and tap into this potentially valuable market.The European patent system contains, in Article 53(c) EPC, an exception from patentability for methods for treatment and diagnostic methods. Such rule was created, and subsequently developed through European Patent Office (EPO) case law, by reference to the dichotomy between therapeutic and cosmetic methods.... (More)
This article explores how to apply patentability rules to human enhancement, particularly focusing on Article 53(c) of the European Patent Convention (EPC).The global size and value of the cosmetic and wellness market and industry allow for the prediction of considerable market potential for human enhancement. Patents will be instrumental for companies to protect investment in innovation and tap into this potentially valuable market.The European patent system contains, in Article 53(c) EPC, an exception from patentability for methods for treatment and diagnostic methods. Such rule was created, and subsequently developed through European Patent Office (EPO) case law, by reference to the dichotomy between therapeutic and cosmetic methods. Subsuming enhancement methods under this patentability rule may be challenging. Ultimately, patentability of human enhancement will depend on the concept of health, its future evolution and the corresponding public policy choices. This article seeks to provide prospective patentees with guidance and awareness concerning the patentability of methods for human enhancement. (Less)
Please use this url to cite or link to this publication:
author
publishing date
type
Contribution to journal
publication status
published
subject
keywords
Law, Patent law, Ethics, Nanotechnology, Synthetic Biology, Human enhancement, Human Engineering, EPC, Morality exception, Rättsvetenskap, Patenträtt
in
Journal of Intellectual Property Law & Practice
volume
10
issue
1
pages
10 pages
ISSN
1747-1532
DOI
10.1093/jiplp/jpu203
language
English
LU publication?
no
id
08e23eec-5bf7-444e-aaf8-19b12bd99ad7
date added to LUP
2018-01-11 10:11:39
date last changed
2018-01-15 09:44:20
@article{08e23eec-5bf7-444e-aaf8-19b12bd99ad7,
  abstract     = {This article explores how to apply patentability rules to human enhancement, particularly focusing on Article 53(c) of the European Patent Convention (EPC).The global size and value of the cosmetic and wellness market and industry allow for the prediction of considerable market potential for human enhancement. Patents will be instrumental for companies to protect investment in innovation and tap into this potentially valuable market.The European patent system contains, in Article 53(c) EPC, an exception from patentability for methods for treatment and diagnostic methods. Such rule was created, and subsequently developed through European Patent Office (EPO) case law, by reference to the dichotomy between therapeutic and cosmetic methods. Subsuming enhancement methods under this patentability rule may be challenging. Ultimately, patentability of human enhancement will depend on the concept of health, its future evolution and the corresponding public policy choices. This article seeks to provide prospective patentees with guidance and awareness concerning the patentability of methods for human enhancement.},
  author       = {Nordberg, Ana},
  issn         = {1747-1532},
  keyword      = {Law,Patent law,Ethics,Nanotechnology,Synthetic Biology,Human enhancement,Human Engineering,EPC,Morality exception,Rättsvetenskap,Patenträtt},
  language     = {eng},
  number       = {1},
  pages        = {19--28},
  series       = {Journal of Intellectual Property Law & Practice},
  title        = {Patentability of methods of human enhancement},
  url          = {http://dx.doi.org/10.1093/jiplp/jpu203},
  volume       = {10},
  year         = {2015},
}