Patent and Trade Mark Attorneys
News
European Gene Patent Scope Limited by Landmark EU Court Ruling
The much anticipated ruling in Monsanto Technology v Cefetra (Case C-428/08) has now issued and confirms the earlier indications that within the European Union (EU) patent protection for gene sequences only extends to material in which the patented gene is actually performing its function. In Monsanto’s case (European Patent No. 0546090), claims to an isolated gene sequence were not held to extend to cover soya meal derived from transgenic plants and containing trace amounts of the patented gene, because the residual genetic material was not actually performing its intended function in the soya meal.
8 Jul 2010