ABSTRACT

This chapter distinguishes between general moral issues raised by biotechnological inventions and the more specific matter of morality in Article 53(a) which relates only to the patenting process. It will conclude that morality constraints cannot simply be ignored. Traditional remedies such as legislation, precedent, patent office practice reform or reference to ethics committees are explored to show that these bodies are poorly equipped to adjudicate morality. Paradigms that point to a more deliberative and participatory approach to resolving dilemmas in the ethical realm are explored. If well designed they can assist in the resolution of ethically fraught issues.