Pottage, Alain (2017) Dignity again. Reproductive Biomedicine Online. ISSN 1472-6483
|
Text
- Accepted Version
Download (720kB) | Preview |
Abstract
Two recent contributions to this journal discuss a challenge to Stanford's time-lapse embryo monitoring patent, currently before the European Patent Office (EPO). Sterckx, Cockbain and Pennings (2017) would like to keep the morphokinetics of embryo division in the public domain; they argue that time-lapse monitoring (TLM) is a diagnostic method in the sense of European patent law and therefore unpatentable. In response, Pearce (2017) suggests that the jurisprudence of the EPO unambiguously says that TLM is not a diagnostic method. This commentary proposes an alternative legal ground for challenging patents relating to the principle of TLM, a ground that could be invoked before national courts and, ultimately, the Court of Justice of the European Union: TLM is not a diagnostic procedure but a process of selection that breaches the criterion of dignity in European patent law.
| Item Type: | Article |
|---|---|
| Official URL: | http://www.rbmojournal.com/ |
| Additional Information: | © 2017 Reproductive Healthcare Ltd. |
| Divisions: | Law |
| Subjects: | K Law > K Law (General) Q Science > QH Natural history > QH301 Biology R Medicine > R Medicine (General) |
| Date Deposited: | 02 Jan 2018 11:33 |
| Last Modified: | 12 Dec 2024 01:36 |
| URI: | http://eprints.lse.ac.uk/id/eprint/86369 |
Actions (login required)
 |
View Item |
Download Statistics
Download Statistics