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European Biopharmaceutical Review

Absolute or Limited Product Protection for Biotech Inventions

In the first part of this article, which appeared in the Winter 2002 issue of EBR, Dr Uta Köster investigated the pros and cons of absolute product protection against the background of the ongoing debate on the implementation of EC Directive 98/44 on the protection of biotechnological inventions (BIO-DIR) in Germany. Possible repercussions on pharmaceutical and biological R&D, as well as transferability to gene patents, were discussed with regard to relevant case law and the principles of patent law.

In Part II, a comparative analysis of the respective national laws and regulations within the EC and the US is followed by a critique of the different legal circumstances of enforcement/infringement, as related to absolute product protection versus protection limited to functions. A focus on the current granting practice of the EPO for biotechnology patents and medical applications concludes Part II.


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By Dr Uta Kцster, Associate with Bardehle Pagenberg

Dr Uta Kцster is an Associate with the Munich-based intellectual property law firm Bardehle Pagenberg Dost Altenburg Geissler. The firm provides the combined services of patent attorneys and attorneys-at-law, offering prosecution, litigation and counselling in all matters related to intellectual property, covering all fields of technology.

Dr Kцster is an Attorney-at-Law with a doctorate degree in Biology. She is active in counselling and litigation, with a practice focus on patent law, in particular biotechnology patents.

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By Dr Uta Kцster
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