Patenting Nanomedicine in Europe: Applying the "medical methods exception" to emerging technologies

Research output: Book/ReportPh.D. thesisResearch

Standard

Patenting Nanomedicine in Europe : Applying the "medical methods exception" to emerging technologies. / Nordberg, Ana.

København : Det Juridiske Fakultet, 2014. 332 p.

Research output: Book/ReportPh.D. thesisResearch

Harvard

Nordberg, A 2014, Patenting Nanomedicine in Europe: Applying the "medical methods exception" to emerging technologies. Det Juridiske Fakultet, København.

APA

Nordberg, A. (2014). Patenting Nanomedicine in Europe: Applying the "medical methods exception" to emerging technologies. København: Det Juridiske Fakultet.

Vancouver

Nordberg A. Patenting Nanomedicine in Europe: Applying the "medical methods exception" to emerging technologies. København: Det Juridiske Fakultet, 2014. 332 p.

Author

Nordberg, Ana. / Patenting Nanomedicine in Europe : Applying the "medical methods exception" to emerging technologies. København : Det Juridiske Fakultet, 2014. 332 p.

Bibtex

@phdthesis{1f2f6a0b9b154a7aac48a8b3e0d6c82e,
title = "Patenting Nanomedicine in Europe: Applying the {"}medical methods exception{"} to emerging technologies",
abstract = "This work addresses the question of determining whether reinterpretation, reformulation or replacement of article 53 (c) of the European Patent Convention is viable and advisable. It does so by reference to novel or resurfacing interpretative concerns connected with emerging technologies exemplified by nanomedicine, while considering known interpretative issues and traditional objections to this provision. The debate concerning the patentability of ‘medical methods’ is multi-layered and complex. The ‘medical methods exception’ is a public policy mechanism, intended to introduce flexibility in the patent system in order to allow for the protection of core ethical values of society. Nanotechnology inventions blur the lines between patentable subject matter and what may fall under the exception from patentability. It is a good example of how in recent years, emerging technologies have been challenging the patent system. This work examines the basic foundations of the norm, the justifications for patent rights and how exceptions to such rights fit within the system; the interpretative construction of the norm and its application in the praxis of the EPO; and how the legislator in the USA has chosen a different approach to integrate in patent law similar policy considerations. Observing how this issue was debated and solved differently is in itself important, but it also allows questioning whether in future patent reforms serious consideration should not be given to alternative solutions.",
keywords = "Faculty of Law, Nanotechnology patents, Emerging technologies, European Patent Convention, Medical methods patents",
author = "Ana Nordberg",
year = "2014",
language = "English",
publisher = "Det Juridiske Fakultet",

}

RIS

TY - BOOK

T1 - Patenting Nanomedicine in Europe

T2 - Applying the "medical methods exception" to emerging technologies

AU - Nordberg, Ana

PY - 2014

Y1 - 2014

N2 - This work addresses the question of determining whether reinterpretation, reformulation or replacement of article 53 (c) of the European Patent Convention is viable and advisable. It does so by reference to novel or resurfacing interpretative concerns connected with emerging technologies exemplified by nanomedicine, while considering known interpretative issues and traditional objections to this provision. The debate concerning the patentability of ‘medical methods’ is multi-layered and complex. The ‘medical methods exception’ is a public policy mechanism, intended to introduce flexibility in the patent system in order to allow for the protection of core ethical values of society. Nanotechnology inventions blur the lines between patentable subject matter and what may fall under the exception from patentability. It is a good example of how in recent years, emerging technologies have been challenging the patent system. This work examines the basic foundations of the norm, the justifications for patent rights and how exceptions to such rights fit within the system; the interpretative construction of the norm and its application in the praxis of the EPO; and how the legislator in the USA has chosen a different approach to integrate in patent law similar policy considerations. Observing how this issue was debated and solved differently is in itself important, but it also allows questioning whether in future patent reforms serious consideration should not be given to alternative solutions.

AB - This work addresses the question of determining whether reinterpretation, reformulation or replacement of article 53 (c) of the European Patent Convention is viable and advisable. It does so by reference to novel or resurfacing interpretative concerns connected with emerging technologies exemplified by nanomedicine, while considering known interpretative issues and traditional objections to this provision. The debate concerning the patentability of ‘medical methods’ is multi-layered and complex. The ‘medical methods exception’ is a public policy mechanism, intended to introduce flexibility in the patent system in order to allow for the protection of core ethical values of society. Nanotechnology inventions blur the lines between patentable subject matter and what may fall under the exception from patentability. It is a good example of how in recent years, emerging technologies have been challenging the patent system. This work examines the basic foundations of the norm, the justifications for patent rights and how exceptions to such rights fit within the system; the interpretative construction of the norm and its application in the praxis of the EPO; and how the legislator in the USA has chosen a different approach to integrate in patent law similar policy considerations. Observing how this issue was debated and solved differently is in itself important, but it also allows questioning whether in future patent reforms serious consideration should not be given to alternative solutions.

KW - Faculty of Law

KW - Nanotechnology patents

KW - Emerging technologies

KW - European Patent Convention

KW - Medical methods patents

M3 - Ph.D. thesis

BT - Patenting Nanomedicine in Europe

PB - Det Juridiske Fakultet

CY - København

ER -

ID: 101790769