Patentability of methods of human enhancement

Research output: Contribution to journalJournal articleResearchpeer-review

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Patentability of methods of human enhancement. / Nordberg, Ana.

In: Journal of Intellectual Property Law & Practice, Vol. 10, No. 1, 01.2015, p. 19-28.

Research output: Contribution to journalJournal articleResearchpeer-review

Harvard

Nordberg, A 2015, 'Patentability of methods of human enhancement', Journal of Intellectual Property Law & Practice, vol. 10, no. 1, pp. 19-28. https://doi.org/10.1093/jiplp/jpu203

APA

Nordberg, A. (2015). Patentability of methods of human enhancement. Journal of Intellectual Property Law & Practice, 10(1), 19-28. https://doi.org/10.1093/jiplp/jpu203

Vancouver

Nordberg A. Patentability of methods of human enhancement. Journal of Intellectual Property Law & Practice. 2015 Jan;10(1):19-28. https://doi.org/10.1093/jiplp/jpu203

Author

Nordberg, Ana. / Patentability of methods of human enhancement. In: Journal of Intellectual Property Law & Practice. 2015 ; Vol. 10, No. 1. pp. 19-28.

Bibtex

@article{d60f295df3bb4f26b9f23ebfd034fc07,
title = "Patentability of methods of human enhancement",
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.",
keywords = "Faculty of Law, Patents, Ethics, Nanotechnology, Synthetic Biology, Human enhancement, Human Engineering, EPC , Morality exception",
author = "Ana Nordberg",
year = "2015",
month = "1",
doi = "10.1093/jiplp/jpu203",
language = "English",
volume = "10",
pages = "19--28",
journal = "Journal of Intellectual Property Law & Practice",
issn = "1747-1532",
publisher = "Oxford University Press",
number = "1",

}

RIS

TY - JOUR

T1 - Patentability of methods of human enhancement

AU - Nordberg, Ana

PY - 2015/1

Y1 - 2015/1

N2 - 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.

AB - 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.

KW - Faculty of Law

KW - Patents

KW - Ethics

KW - Nanotechnology

KW - Synthetic Biology

KW - Human enhancement

KW - Human Engineering

KW - EPC

KW - Morality exception

U2 - 10.1093/jiplp/jpu203

DO - 10.1093/jiplp/jpu203

M3 - Journal article

VL - 10

SP - 19

EP - 28

JO - Journal of Intellectual Property Law & Practice

JF - Journal of Intellectual Property Law & Practice

SN - 1747-1532

IS - 1

ER -

ID: 128608251