ABSTRACT
This chapter offers some background on patent law in general and on patent law and case law concerning biotechnology patents. It presents an overview of conceptual and technical objections which were brought to bear over the years to deny patent protection for micro-organisms, plants and animals. The essence of all patent systems is that the owner of the invention receives the exclusive right to control commercial exploitation of the invention for a limited number of years, in return for disclosing details of the invention in a written published document. The situation seems rather comfortable, since the European Patent Office overcame the exclusion of Art. 53 by giving a restrictive interpretation of the terms 'plant and animal varieties'. Considering the fact that hardly any theoretical reflection and research has been done with regard to the interaction between patent law, biotechnology and ethics.
