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  Bio-Science Law Review   (United Kingdom)
  Volume 5, Issue 2, 2001/2002
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  • PERSONAL GENETIC INFORMATION, DATA PROTECTION AND CONSENT
        Clare Goodman and George Moore
        p.31                                                                                        +cite        
        The UK Biobank Project, a study of genes, environment and health, has just been initiated. In the light of this, the authors explore the application of the laws of confidentiality, data protection and privacy to databases of personal genetic information.
  • INFRINGEMENT OF US BIOTECHNOLOGICAL PROCESS PATENTS BY IMPORT OF PRODUCTS MADE BY PERFORMING THE PATENTED PROCESS OUTSIDE THE UNITED STATES
        Iyoti Ramdas
        p.39                                                                                        +cite        
        In a case involving a biotechnological process patent, the District Court of Delaware has held that 35 USC section 271(g) applies only to products derived from a patented manufacturing process and not to methods of gathering information about or identifying substances worthy of further development. Analysis of the legislative history of § 271(g) and case law indicates that patents on processes that produce information-like processes are unlikely to be protected from acts of infringement. This article suggests that one option open to developers of biotechnological processes is to hold their processes as a trade secret until they discover some patentable products of the process. At that point the previously trade-secret process can be claimed as a 'process' under the statutory over-ride for non-obviousness provided under 35 USC § 103(b).
  • REVIEW OF THE CHANGES IN PATENT FILING STRATEGIES FOR THE PHARMACEUTICALS AND BIOTECH INDUSTRY IN EUROPE IN LIGHT OF THE RECENT OPINION G2/98
        Stephanie Michiels
        p.51                                                                                        +cite        
        The question as to what extent a later filed European patent application can claim priority from an earlier application has recently been reconsidered by the EPO with a definitive ruling from the Enlarged Board of Appeal. This article examines the implications that this decision will have for those filing patent applications in the pharmaceutical and biotechnology industries.