ABSTRACT
Biotechnology has been part of heritage since the dawn of civilization. However, biotechnology has only been of concern to patent lawyers since the novel use of organisms in the context of DNA structure was discovered. The complexity of modern biotechnology gives rise to concerns unprecedented in the modern world and is the reason why morality is an issue in patent law despite not being particularly so in the past. However, morality as a criterion of patent law was never considered when states adopted the Strasbourg Convention 1963 and the European Patent Convention (EPC) 1973 suggesting that moral considerations are residual in the patent system. European Patent Office jurisprudence suggests that the policies underlying the creation of Article 53 EPC are unclear and no longer protect adequately biotechnological inventions. The policy of the European Commission is to bring the EPC within the confines of the European Union.
