Not fully harmonized: Differences in biotechnology patenting between Europe and the United States

Brian R Dorn
Barnes & Thornburg LLP
Zoë Birtle
D. Young & Co. LLP

DOI:https://doi.org/10.5912/jcb549

Abstract:

There has been a trend of worldwide harmonization of patent laws. Due to the continuing harmonization, examination of patents in Europe and the United States are very similar.  However, examination standards between the two patent offices can differ. Thus, applicants should be aware of the differences between examination standards since both standards need to be addressed in the single patent application.  This paper will review some of these differences, both major and subtle, that should be considered when drafting a biotech patent for filing in both the U.S. and Europe.

Keywords:patent ,patentable subject matter ,written description/support ,Aylsa Williams ,Louise Holliday ,and Charles T. Harding ,en ,