This document is an excerpt from the EUR-Lex website
Biotechnological inventions: legal protection
Biotechnological inventions: legal protection
Biotechnological inventions: legal protection
Biotechnological inventions: legal protection
SUMMARY OF:
Directive 98/44/EC — legal protection of biotechnological inventions
SUMMARY
WHAT DOES THIS DIRECTIVE DO?
It harmonises national patent laws regarding biotechnological inventions.
It specifies those inventions which are patentable on ethical grounds and those which are not.
KEY POINTS
In 2012, the European Commission set up an expert group to examine the technical development and implications of patent law in the field of biotechnology and genetic engineering. The group assists the Commission with its reporting obligations under Directive 98/44/EC.
FROM WHEN DOES THE DIRECTIVE APPLY?
It has applied since 30 July 1998. EU countries had to incorporate it into national law by 30 July 2000. Nowadays, the rules are implemented in the legislation of all EU countries.
BACKGROUND
Protection of biotechnological inventions
KEY TERMS
* Biological material: any material containing genetic information and capable of reproducing itself or being reproduced in a biological system.
* Biological process: a process for the production of plants and animals is essentially biological if it consists entirely of natural phenomena such as crossing or selection.
ACT
Directive 98/44/EC of the European Parliament and of the Council of 6 July 1998 on the legal protection of biotechnological inventions (OJ L 213, 30.7.1998, pp. 13–21)
last update 21.03.2016