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Biotechnology
Biotechnology is a rapidly expanding area, both in
industrial and academic research environments. The potential for
innovation is huge! With such innovation comes
investment in research, and naturally, the expectation of reward. To
protect the often considerable financial input required for
biotechnological research, patent protection for the results is
increasingly sought.
To be eligible for patent protection, biotechnological
inventions must meet the same criteria as any other patented invention,
i.e., the invention must—
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be novel
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involve an inventive step
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have an industrial application
Additionally, under the Budapest Treaty, certain
biotechnological inventions, i.e., micro-organisms,
require a sample to be deposited at one of a number of designated
depositories in addition to their description. The U.S. (as well as the U.K.) is
a signatory of the Budapest Treaty, which allows for a single deposit to
be considered when applying for a patent for a micro-organism.
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