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

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.