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Portrait of Ana Nordberg. Photo.

Ana Nordberg

Senior lecturer

Portrait of Ana Nordberg. Photo.

Patentability of methods of human enhancement

Author

  • Ana Nordberg

Summary, in English

This article explores how to apply patentability rules to human enhancement, particularly focusing on Article 53(c) of the European Patent Convention (EPC).The global size and value of the cosmetic and wellness market and industry allow for the prediction of considerable market potential for human enhancement. Patents will be instrumental for companies to protect investment in innovation and tap into this potentially valuable market.The European patent system contains, in Article 53(c) EPC, an exception from patentability for methods for treatment and diagnostic methods. Such rule was created, and subsequently developed through European Patent Office (EPO) case law, by reference to the dichotomy between therapeutic and cosmetic methods. Subsuming enhancement methods under this patentability rule may be challenging. Ultimately, patentability of human enhancement will depend on the concept of health, its future evolution and the corresponding public policy choices. This article seeks to provide prospective patentees with guidance and awareness concerning the patentability of methods for human enhancement.

Department/s

  • Human Rights Law
  • Health Law

Publishing year

2015-01

Language

English

Pages

19-28

Publication/Series

Journal of Intellectual Property Law & Practice

Volume

10

Issue

1

Document type

Journal article

Publisher

Oxford University Press

Topic

  • Law

Keywords

  • Law
  • Patent law
  • Ethics
  • Nanotechnology
  • Synthetic Biology
  • Human enhancement
  • Human Engineering
  • EPC
  • Morality exception
  • Rättsvetenskap
  • Patenträtt

Status

Published

Research group

  • Human Rights Law
  • Health Law

ISBN/ISSN/Other

  • ISSN: 1747-1532