Reaping more than you can sow? A review of the scope of protection for gene patents and a prediction for it's future in light of the ECJ case C-428/08

Abstract

The essay examines the legal scope of protection of patents on gene sequences in light of the ECJ case C-428/08. The essay summarizes the European directive on legal protection of biotechnical inventions as well as current EPO articles. Besides the European point of view the essay also discussed recent developments within US case law in order to predict what the future may hold for gene patents.