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Patents For Genes And Methods Of Analysis And Comparison, Justine Pila
Patents For Genes And Methods Of Analysis And Comparison, Justine Pila
Justine Pila
In March 2010, a United States (U.S.) District Court held that isolated human genes are “products of nature”, and methods of analysis and comparison “abstract mental processes”, for which a US patent cannot validly be granted. Its decision undermined U.S. patent granting practices, and widens the gap between U.S. and European law on what constitutes inherently patentable subject matter (“inventions”) and a proportionate patent grant. In this note I consider the case – AMP v USPTO – and its implications for European patent law.
Who Owns The Intellectual Property Rights In Academic Work?, Justine Pila
Who Owns The Intellectual Property Rights In Academic Work?, Justine Pila
Justine Pila
In this Opinion piece the ownership of intellectual property rights in university teaching and research is considered against the backdrop of British university intellectual property policies and recent cases. Starting from the position of Lord Evershed that it is "just and commonsense" that academics own the copyright in their lectures, and by extension the copyright in their research, I consider the policy arguments for university claims of ownership in respect of such copyright and academic employees' inventions.