By William Lesser
Following the U.S. Patent Office's statement in 1987 that it considers animals "to be patentable subject material in the scope" of patent legislation, there was massive world wide debate in this topic. This paintings contains the complaints of the Animal Patents Symposium held at Cornell collage, united states, on December 5-6, 1988, prepared by way of the editor of this paintings.
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Extra resources for Animal Patents: The Legal, Economic and Social Issues
WIPO works through a system of committees of experts, these being spokesmen primarily for the national industrial property offices. The Committee of Experts on Harmonization should be noted first because it aims at the conclusion of an international treaty. However, it has barely begun to consider the problems of particular technologies, and it is doubtful whether it could come to grips with the animal patent issue in the short term. Secondly, there is a Committee of Experts on Biotechnological Inventions which has had four meetings in as many years.
It is clear that some examples of that art, especially when multistep processes are involved, can create problems. For example, the method of inducing polyploidy in Pacific oysters of the species Crassostrea gigas in ex parte Allen could have presented a borderline case. 13 In my opinion, however, the steps of inducing oysters to spawn, the fertilizing of the eggs with sperm to form zygotes, and, especially, the applying of hydrostatic pressure to zygotes at a predetermined intensity for a predetermined duration after a predetermined time following formation of zygotes to induce polyploidy made human intervention the determining or controlling factor in producing the desired result.
Rev. Ind. Property Copyright Law, 17: 195-227. -A. Teillet, and N. LeDouarin (1988) Application of the QuailChick Chimera System to the Study of Brain Development and Behaviour. Science, 241: 1339 et seq. Barnes, D. (1988) Bird Brain Switch Leads to New Song. Science, 241: 1434. Beier, F. K. (1984) Das europaische Patentsystem. Europiiisches Patentubereindommen, ed. Beier, Haertel, and Schricker. Miinchner Gemeinschaftskommentar, Cologne. - - (1989) Die Rechtsbehelfe des Patentanmelders und seiner Wettbewerber im Vergleich: eine rechtsvergleichende Untersuchung zur Chancengleichheit im Patentverfahren.
Animal Patents: The Legal, Economic and Social Issues by William Lesser