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Basic Account. The ideal entry-level account for individual users. Corporate Account. Corporate solution including all features. Statistics on " Biotechnology in Germany " The most important statistics. The most important statistics. Further related statistics Number of biotechnology patents in Greece Number of biotechnology patents in Czechia Number of biotechnology patents in Portugal Number of biotechnology patents in Germany Number of biotechnology patents in Poland Number of biotechnology patents in Finland Number of biotechnology patents in the Slovakia Number of biotechnology patents in the Netherlands Number of biotechnology patents in Italy Number of biotechnology patents in Russia Number of biotechnology patents in Belgium Number of biotechnology patents in Turkey Number of biotechnology patents in Ireland Number of biotechnology patents in Spain Number of biotechnology patents in Iceland Select country share in biotechnology patents Production volume of the biotechnology industry in South Korea Further Content: You might find this interesting as well.
Statistics Number of biotechnology patents in Greece Number of biotechnology patents in Czechia Number of biotechnology patents in Portugal Number of biotechnology patents in Germany Number of biotechnology patents in Poland Number of biotechnology patents in Finland Number of biotechnology patents in the Slovakia Number of biotechnology patents in the Netherlands Number of biotechnology patents in Italy Number of biotechnology patents in Russia Number of biotechnology patents in Belgium Number of biotechnology patents in Turkey Number of biotechnology patents in Ireland Number of biotechnology patents in Spain Number of biotechnology patents in Iceland Select country share in biotechnology patents Production volume of the biotechnology industry in South Korea Topics Biotechnology industry in Germany Global pharmaceutical industry Biotech drug industry.
Learn more about how Statista can support your business. September 27, Patents constitute a limited exclusive right only: Once the patent has expired after a maximum of 20 years , the invention falls in the public domain and can be used by anyone without paying royalties.
National authorities work with pharmaceutical companies to negotiate lower prices for medical products, and after the patent has expired, cheaper generic copies may enter the market. The patent system also creates transparency: Patent applications are published 18 months after filing, so they disclose detailed information about the latest technical improvements.
The British scientist developed a genetically modified mosquito which, when released into the wild, mates with female mosquitoes to produce sterile progeny. She is the inventor of a gene-based breast cancer test. This test evaluates tumour tissue for the year risk of cancer recurrence, thus identifying high-risk patients who actually require chemotherapy, and low-risk patients who will remain cancer-free without having to undergo toxic chemical treatments.
Lee developed a DNA-based instant blood diagnostic kit that allows on-the-spot detection of infectious diseases such as HIV, hepatitis B and chlamydia. Unlike other tests, the cartridges do not require cold storage or transport, making them perfectly suited for countries with a poor technical infrastructure. As with all other technologies, inventions in biotechnology are generally considered patentable under the law and the same general patent examination rules and processes apply to all inventions.
In the vast majority of cases, patent applications in this field are uncontroversial. Public debate concerns a very small number of patent applications related specifically to animals and plants.
The EPO examines all patent applications diligently. Across all technologies, fewer than half of the applications filed become a patent. The EPO uses powerful tools and very comprehensive databases when performing a search to determine whether the invention claimed in a patent application is new or not.
To avoid undue privatisation of traditional knowledge already in the public domain, the EPO also searches specialised databases, such as the Indian Traditional Knowledge Digital Library, which provides information related to Indian traditional medicine for patent offices.
The EPO also consults databases relating to other traditional knowledge, in particular databases describing Chinese and Korean traditional knowledge. The EPO grants patents in strict accordance with its legal basis, the European Patent Convention EPC and takes ethical considerations into account when granting patents. Inventions whose exploitation is deemed to be contrary to Article 53 EPC are not patentable. The law lists exceptions to patentability for ethical reasons, among them human cloning, modification of the human genome and commercial uses of human embryos.
For patents in biotechnology the rules of the EU's Directive on the legal protection of biotechnological inventions "Biopatent Directive" also apply. The Directive for instance clarifies that human genes, plants and animals are patentable when all conditions for a patent are fulfilled.
The Directive became part of the EPC in The EPO voluntarily follows the rulings of the European Court of Justice on the correct interpretation of the Directive, and has incorporated such rulings into its working practice in biotechnology. The EPO engages with stakeholders of the patent system and the public in open and transparent discussions. We closely co-operate with the EU institutions and inform them on important developments in the field of biotechnology patents.
We recently began a close co-operation with the Community Plant Variety Office on questions relating to patents on plants. Anyone - companies, NGOs, or individuals - who considers that a particular patent should not have been granted can file an opposition within nine months of its grant.
The opposition statement must be reasoned and supported by evidence, for example published documents. The patent is then re-examined by a new division of three examiners, and both the patent proprietor and the opponent are heard in a public hearing.
The outcome can be rejection of the opposition, maintenance of the patent in an amended, more limited form, or revocation of the patent. Some biotech patents have been opposed by public organisations because of concerns of a possible abuse of the monopoly by the patent holder.
Examples of this are the patents held by Myriad Genetics for the genes BRCA-1 and BRCA-2, which are associated with a predisposition to breast cancer, and for a diagnostic test for the presence of mutant form of these genes in a woman's genome. However, the EPO has no influence on the price of patented products.
Its highest judicial instance, the Enlarged Board of Appeal, ruled that the EPO is not tasked with taking the economic effects of the grant of a patent into account when examining a patent application. Governments can counter a perceived abuse of a patent monopoly by, for example, granting a compulsory licence against a patent holder to enable generics companies to sell the same product more cheaply, negotiating with patent holders to reduce the price of patented medicines, and using competition laws.
Many pharmaceutical companies offer their drugs at lower prices in developing countries, or grant licences to generics companies to manufacture them there. Plants that have been purposefully altered to carry a new characteristic, such as resistance to pests or droughts, or enhanced yield, are generally considered patentable under the law. Such inventions usually concern modifications introduced by genetic engineering "GM plants" , but other technical processes are also used to obtain such changes.
To be patentable, these plants need to be novel and inventive. Fifty years ago breeders were able to create new plant varieties only in a non-technical and random manner, by crossing promising plants with others and hoping by chance to obtain new plants with the desired characteristic or trait.
That was why it was decided when drawing up the EPC that plant varieties were not technical and should not be patentable, but protected by a different type of intellectual right, the Plant Variety Right. This grants its owner exclusive rights to sell the plant variety for a number of years. In the s, applications for plants concerned only genetically modified GM plants.
But modern breeding methods involving biotechnology have greatly sped up the breeding process and there is a gradual move away from introducing foreign genes into plants to improving conventionally bred ones, by methods such as marker-assisted breeding, in a repeatable manner. Most patent applications for plants concern genetically modified, transgenic plants; there are about per year, whereas there are only about 70 applications per year for "non-GM" plants.
The number of applications for conventional plants is less than 0. The law does not allow patents on breeding processes which involve classical breeding steps such as crossing and selection. This also means that no patents are granted on certain novel breeding methods such as marker-assisted breeding. In November , the European Commission adopted a Notice setting out its views that according to the intentions of the legislator for the Biopatent Directive, plants produced by non-technical processes such as crossing and selection should not be patentable.
On a proposal of the EPO, its Administrative Council decided to amend the relevant legal regulations to clarify that the plants exclusively obtained by such processes are also not patentable. This clarification took effect on 1 July Only plants made by technical methods are now patentable, in accordance with the Notice and with European patent law.
Under the EU's plant variety system, breeders may use protected varieties for further breeding, and commercialise the resulting new varieties without a licence from the owner of the earlier variety. This principle is called a breeders' exemption.
The patent system does not have such an exemption.
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