Patenting medical diagnosis methods in Europe: Stanford University and time-lapse microscopy

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• 作者：Sigrid Sterckx ; ^{sigrid.sterckx@ugent.be} ; Julian Cockbain ; Guido Pennings
• 关键词：diagnostic methods ; patenting in Europe ; time-lapse microscopy
• 刊名：Reproductive BioMedicine Online
• 出版年：2017
• 出版时间：February 2017
• 年：2017
• 卷：34
• 期：2
• 页码：166-168
• 全文大小：247 K
• 卷排序：34

文摘

In 2013, a European Patent for the technique of time-lapse microscopy was granted by the European Patent Office (EPO) to Stanford University and was subsequently opposed by Unisense FertiliTech A/S and by the European Society for Human Reproduction and Embryology (ESHRE), Sigrid Sterckx, Julian Cockbain and Guido Pennings. ESHRE et al.'s opposition was based on the argument that Stanford's patent was directed to a method of medical diagnosis, methods that are excluded from patentability by Article 53(c) of the European Patent Convention. The Opposition Division of the EPO rejected the oppositions in November 2015, and both opponents have now filed their appeals. In this paper, we comment on the Opposition Division decision and the grounds of appeal put forward by ESHRE et al.