Biotechnological inventions

Excluded Inventions

Certain processes and things cannot be patented because their commercial exploitation would be contrary to morality such as:

• Processes for cloning human beings
• Modifying the germ line genetic identity of human beings
• Commercial or industrial uses of human embryos
• Genetic modifications of animals which are likely to cause them suffering are also not patentable unless there is substantial medical benefit to man or animal.

Under the Regulations, human genes as they exist in the cells in our bodies cannot be patented. They rightly make it clear that patents will be obtainable only for inventions for new technical solutions. The simple discovery that a gene sequence exists in nature, or the raw sequence information, will not be patentable. However, inventions concerning isolated genes which are identical to those found in nature may be patented, but all applications in this area must still satisfy the three general conditions for patentability namely, that they are new, not obvious and capable of industrial application.

Similarly, discoveries such as that of DNA or raw human genome information cannot be patented because they are discoveries and not inventions. The Regulations and the Directive make it clear that discoveries are not patentable.

Plant varieties and animal varieties as such cannot be patented. However, inventions concerning genetic manipulation of plant and animal tissue may be patentable and rights can extend to the products of this genetic manipulation.  There exists a stand-alone system of protection for plant varieties which is administered by the Plant Varieties Office in the Department for Environment Food and Rural Affairs (DEFRA).