Patenting Nanomedicine in Europe: Applying the ‘medical methods exception’ to emerging technologies is based on the authors PhD dissertation, defended in March 2014, at the University of Copenhagen. The book debates restrictions on the patentability of medical methods in European Patent Law. The main question addressed is whether it is viable and advisable the reinterpretation, reformulation or replacement of Article 53 (c) EPC – a provision restricting the patenting of medical methods. The subject is approached by reference to emerging technologies, and using nanomedicine innovation as example and point of departure. Nanotechnology inventions blur the lines between patentable subject matter and what may fall under the exception from patentability. It is a good example of how in recent years, emerging technologies have been challenging the patent system and exposing the need for re-thinking the adopted solutions.
Ana Nordberg is a former legal practitioner and since 2010 a researcher at the Centre for Information and Innovation Law, Faculty of Law, University of Copenhagen. She teaches and is co-responsible for the Master Course ‘EU Intellectual Property Law and Policy from an international perspective’; and also a frequent guest lecturer and presenter at international conferences.
List of Abbreviations
Chapter 1. Introduction
Chapter 2. Theoretical justifications for patents right and the medical methods exception
Chapter 3. Legal construction of the EPC medical methods exception
Chapter 4. Methods for treatment and diagnosis in the USA patent system
Chapter 5. Nanomedicine
Chapter 6. Applying the medical methods exception to Nanomedicine inventions
Chapter 7. Moving on: Alternatives to the current legal formulation nof the medical methods exception
Chapter 8. Conclusions
Table of Cases