Talk:Biological patent

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[edit] Under current law...

An anonymous contributor (User:24.63.247.223) added the following paragraph:

Normally only those forms of the gene which have been islolated outside of a living organism or sythetically manufactured in a lab, and whose purpose has been identified are patentable. Those genes or other biological matter which occure in their natural state are not patentable under current law.

Since it is not clear which "current law" is concerned, I removed the matter. Please cite your sources so that we can put this information in context. Thanks. --Edcolins 20:26, 6 December 2005 (UTC)

[edit] Jordanian Patent Law

I removed the whole paragraph about "Article (4) The Jordanian Patent Law". An international view is needed instead.

== Article (4) The Jordanian Patent Law ==

Article (4) of the Jordanian Patent of Invention Law No. (32) for the year 1999 enumerates the situations where a patent SHALL NOT be granted as follows:

1. For an invention, the exploitation of which results in breaching of public ethics or public order.

2. For inventions, the prevention of the commercial exploitation of which is necessary to protect life or human, animal or plant health or to avoid serious damage to the environment.

3. A discovery, scientific theory or mathematical methods.

4. Diagnostic, therapeutic and surgical methods required for the treatment of humans or animals.

5. Plants and animals except for micro-organisms.

6. Biological processes for the production of plants or animals except for non-biological and microbiological processes.

The provisions of this Article are almost identical to that of the Article (27) of TRIPS agreement that allows World Trade Organization Members to exclude from patentability inventions, the commercial exploitation of which is necessary to protect; order public or morality, to protect human animal or plant life or health, or to avoid serious prejudice to the environment. Diagnostic, therapeutic and surgical methods for the treatment of humans or animals. Plants and animals, and essentially biological processes for the production of plants or animals.

But in spite of the above exclusions, World Trade Organization Members must afford patentability to micro-organisms such as bacteria and viruses, and non-biological and microbiological processes for the production of plants or animals, as well as plant varieties that have to be covered either by patents or an effective sui generis system.

However, Article (4) it is not without shortcomings, for example, the subjects named in point (3) are extra and the reasons for the stipulation are uncertain, given that a closely look reveals they can most likely be considered not to meet the definition of invention.

In point (1), the order public and morality prohibition, though the term “exploitation” is wider than that of “commercial exploitation” stipulated in TRIPS, it would have been better if the legislator left a margin for the patent offices and indeed the court to exercises discretion regarding the possibility or likelihood that the invention’s “exploitation” may result in a breach rather than only tying the exclusion to exploitation that results in a positive breach.

Furthermore in point (4), the legislator added a qualification beyond that which is stated in TRIPS Article, in that the treatment methods in order to be ineligible must be “required”, this may have adverse affects such as nullifying the reason to be for the exception all together. (Furthermore, it is presumed that this added qualification came as a result of the automatic copying of the TRIPS text, not from one of the Agreement’s official languages, but rather from the unofficial translation into Arabic, made by the Egyptian government, which contains the term “required” added incorrectly to the translation of TRIPS Article (27/a).

As for the plant varieties exclusion, the Jordanian Protection of New Varieties of Plants Law No. (24) came into force in 2000, which offers a sui generis system of protection for plant breeder based on International Convention for the Protection of New Varieties of Plants (UPOV).

Finally, we note that, TRIPS agreement presents Arab World Trade Organization Members, and equally all Members, with a choice to exclude animals from the scope of patentability, as exercised by the Jordanian legislator. However, Members do not have the discretion to exclude patents from any specific sector, nor can they abridge patent rights exclusively in any sector. Members have an obligation to make patents available to any invention, whether product or process, in all fields of technology, provided that they are new, involve an inventive step and are capable of industrial application.

Feel free to create a more specific article with the above subject-matter. Thanks. --Edcolins 10:02, 4 September 2006 (UTC)