TECHNICAL EFFECT AND SCOPE OF PATENT PROTECTION OF CHEMICAL AND BIOTECH INOVATIONS

Abstract

Whereas that sequences and parts of gene sequences by their nature are chemical substances, and not only holders of specific information, with the Directive no. 98/44 are actualizing, in a new light and in full measure, and are opening the issues about scope of patent protection for inventions chemical matters in general. Directive not given a direct answer to the question of the scope of their patent protection. However, the European Court of Justice decided that in the case of inventions sequences and parts of gene sequences that their protection limited with function which exercised.