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Dignity again

Pottage, Alain (2017) Dignity again. Reproductive Biomedicine Online. ISSN 1472-6483

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Identification Number: 10.1016/j.rbmo.2017.11.008

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)
Sets: Departments > Law
Date Deposited: 02 Jan 2018 11:33
Last Modified: 20 May 2019 02:32
URI: http://eprints.lse.ac.uk/id/eprint/86369

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