A look at the European Patent Office's past stance on bioinformatics patents informs recent proposals for reform.
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References
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Art. 52(2) of the European Patent Convention states, for example, that the following in particular shall not be regarded as inventions: “(c) schemes, rules and methods for performing mental acts, playing games or doing business, and programs for computers; (d) presentations of information.”
T 0208/84 of 15 July 1986 ”Computer-related Invention/VICOM.” Official J. Eur. Pat. Off. 14–23 (1987).
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The US Court of Appeals for the Federal Circuit, for example, has emphasized that in order to include an algorithm as part of a patent claim, it is necessary that the algorithm be applied to produce a “useful, concrete and tangible result.” State Street Bank & Trust Co. v. Signature Fin. Group, Inc., 149 F.3d 1368, 47 USPQ2d 1596 (Fed. Cir. 1998).
Note, however, that the lines of code that implement the algorithm are protectable by copyright.
Part C, Chapter IV, 2.3.
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In the US, the inventor can still file a patent application during a period of one year after disclosure. However, no valid patent rights can be obtained outside of the US.
Garabedian, T.E. Nat. Biotechnol. 20, 401–402 (2002).
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Hultquist, S., Harrison, R. & Yang, Y. Patenting bioinformatic inventions: Emerging trends in Europe. Nat Biotechnol 20, 517–518 (2002). https://doi.org/10.1038/nbt0502-517
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DOI: https://doi.org/10.1038/nbt0502-517
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