Patents in Biotechnology

The EU Directive 98/44 on the legal protection of biotechnological inventions (incorporated into the Greek law by the presidential decree 321/2001), along with the general legislation on Patents (TRIPS, l. 1737/1987) provide a detailed legal framework for patenting novel applications in Life Sciences, Medicine and Biotechnology. This covers the development of genetically modified organisms and microorganisms, the isolation of genes, gene sequences or other biological elements, applications of synthetic biology, etc. However, patenting in Biotechnology is not unlimited. According to that legislation, patents cannot be granted for applications that simply discover natural biological elements in humans, or applications considered as violating the ordre public or social morality (such as reproductive cloning in humans, modification of human germ line, use of human embryos for industrial or commercial purposes, genetic modification in animals that may cause unnecessary pain and suffering, etc).

Our services: Experts of our team contributed to the drafting of the Hellenic National Bioethics Commission’s Opinion and Report to the Government on Patents in Biotechnology. They have also and an active presence in legal conferences, workshops and seminars in relevance, with original papers and interventions. Services we are offering are related to:

  • Drafting of patent claims, according to the EU and national legislation,
  • Consultation on regulatory issues, particularly regarding patentability of ethically controversial applications