Biotechnological Inventions in Brazil: Protection of Biological Sequences for Gender Claims in Patents
Name: POLIANA BELISÁRIO ZORZAL
Publication date: 21/07/2017
Advisor:
Name |
Role |
|---|---|
| ANTONIO ALBERTO RIBEIRO FERNANDES | Advisor * |
Examining board:
| Name |
Role |
|---|---|
| ANTONIO ALBERTO RIBEIRO FERNANDES | Advisor * |
| PATRICIA MACHADO BUENO FERNANDES (M/D) | Internal Examiner * |
| SILAS PESSINI RODRIGUES | External Examiner * |
| TEODIANO FREIRE BASTOS FILHO | Internal Examiner * |
Summary: To protect the novel genes, proteins and their uses developed by molecular biology researches, the stakeholders have sought patent protection, however, this expedient is useless if a competitor can bypass the patent easily. Currently patent requirements, as sufficient disclosure, decrease the degree of its protection and extend the litigation risk, as it is not uncommon that only the literal genetic sequence is protected in claims approved by many patent offices around the world. Genus claims have been used seeking broader protection to biological sequences, but with a high degree of heterogeneity and protection uncertainty for the set of sequences associated with these claims categories. Clearly, achieving an effective patent protection for proteins and genetic sequences is a real challenge, considering the unpredictability of biology sciences and the current patent law in each country. In this scenario, the United States and India patent office approach to biotechnology is more flexible than the Brazilian about the description and enablement requirements, focused on knowledge and not structure, allowing some additional functional language. Although many law cases have been judged around the world in this issue, the resolutions are controversial and the guidelines lack practical and applicable rules. Accordingly, it is important to optimize the legal protection and, if possible, a uniformity in the rules between the countries for gene-based inventions supporting the development of a patent system that can provide satisfactory protection for the results of investments in biotechnology researches and development.
