Intellectual Property Rights in Biotechnology: Addressing New Technology
Posted: 29 Feb 2000
This Article argues that the Court of Appeals for the Federal Circuit ("CAFC") has misapplied patent law in the context of biotechnology, making patent protection far too strong in certain respects and too weak in other respects. One major reason for the CAFC's mistakes has been its limited comprehension of the new technologies that are central to the biotechnology industry. Moreover, a comparative analysis of the various institutions that could address the new genetic technologies reveals that the Patent and Trademark Office ("PTO") is best equipped for the task. Thus the CAFC should show greater deference to the PTO's factual and legal determinations regarding patentability.
Note: Copyright (c) 1999 by the Wake Forest Law Review Association, Inc.
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