Particular Aspects of US Patent Law in Biotechnologies

Abstract

A patent is defined as an exclusive right or rights provided by a government to an inventor for a certain period of time in exchange for the public disclosure of an invention. Patent protection can be sought in many of the major countries throughout the world. This chapter addresses the processes and rules followed by the Patent Offices of the USA and Europe. Although efforts have recently been made to harmonize the US patent system with Europe and the rest of the world, this chapter focuses on similarities and differences in the processes of obtaining patent protection in these two countries prior to the recent adoption of the most significant overhaul of the US patent system in more than half a century, the Leahy-Smith America Invents Act (AIA).