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Patent Law

: Patent Docs

European Gene Patent Scope Limited by Landmark EU Court Ruling

By Donald Zuhn, Kevin Noonan, Chris Singer, Sherri Oslick, and Jason Derry

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By Devanand Crease -- The much anticipated ruling in Monsanto Technology v Cefetra (Case C-428/08) has now issued and confirms the earlier indications that within the European Union (EU) patent protection for gene sequences only extends to material in which the patented gene is actually performing its function. In Monsanto's case (European Patent No. 0 546 090), claims to an isolated herbicide resistance gene sequence were not held to extend to cover soya meal derived from transgenic plants and containing trace amounts of the patented gene, because the residual genetic material was not actually performing its intended function in the...

Full post as published by Patent Docs on July 09, 2010 (boomark / email).

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