Intellectual property rights in agricultural biotechnology by Frederic H Erbisch, Karim M Maredia

By Frederic H Erbisch, Karim M Maredia

Prior to now 25 years, biotechnology has revolutionized agricultural examine. the large strength, including a landmark choice via the united states ultimate court docket to permit the patenting of genetically-engineered organisms has inspired deepest quarter businesses to take a position in agricultural biotechnology examine programmes. This has contributed to a fast progress in curiosity in highbrow estate rights as utilized to this topic. the 1st version of this booklet was once released in 1998. Now absolutely revised and up-to-date, it offers definitive info on highbrow estate legislation in a simplified shape (with no less than felony jargon). New chapters were extra which hide plant style security and farmers rights, in addition to extra case studies.

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In this case, the university could negotiate licence terms that, because of environmental concerns, would require the crop to be planted in certain soils or stored in proper containers. The university could also negotiate that the seeds are only for a single season, that next season’s crop must again be licensed from the university and that the farmers using the seeds are forbidden to license or sell the seeds to others. Not only would this ensure that the licensee (the farmer) received the latest crop every year incorporating all the researcher’s improvements, but the university would retain control over how and where the crop is used and planted.

In other words, will they be effective in overriding the PVP principle that another breeder is free to use protected material? The answer to this question is significantly less defi- Protection for Improved Germplasm and Inbred Lines 31 nite. Clearly, there is no control against using the material for breeding purposes unless the claims cover that use. Thus, a claim for a specific seed or a plant would seem not to prohibit crossing of the seed or the plant with another line – the new seed and plant are not within the claims of the patent.

Cover page (1) Patent number in bar code; (2) patent number; (3) date of issue of patent; (4) last name of first named inventor; (5) title of patent; (6) inventor’s full name and city of residence; (7) owner or assignee of patent; (8) serial number assigned to patent application; (9) date on which application for patent was filed; (10) relevant patents and publications noted by applicant against which patent application was compared by patent examiner to check novelty and non-obviousness of invention; (11) name of primary and assistant patent examiners at US PTO; (12) name of university’s patent attorney who undertook filing and prosecution of the application; (13) summary or abstract of the invention; (14) number of claims and drawing sheets.

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