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Journal of Intellectual Property Law & Practice 2007 2(1):6-7; doi:10.1093/jiplp/jpl205
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© The Authors (2007). Published by Oxford University Press. All rights reserved

Current Intelligence

EPO takes pragmatic view of therapeutic gene sequence patent claims

David Rogers, Legal Member
Boards of Appeal
European Patent Office
Munich, Germany
Email: drogers{at}epo.org

ZymoGenetics, Inc.'s application, Case T 0898/05 of 7 July 2006, ex parte European Patent Office (EPO) Board of Appeal 3.3.08

The Board of Appeal has taken a pragmatic view that a patent application can be considered to disclose an industrial application for a gene sequence if a plausible therapeutic role is disclosed, even if the details of the biochemical activity are not so disclosed.


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