The role of intellectual property in biotechnology

The fundamental importance of patenting to the successful exploitation of biotechnology is underlined by events over the past 12 months. The voting by the European Parliament in favour of a modified Directive to clarify what can and cannot be patented is to be welcomed. The legal challenge to restrict broad patents by a UK ruling on a method of producing vaccines for hepatitis B was also welcomed by many who consider that the European Patent Convention should be revised to allow patent challenges on the grounds of excessive breadth of claims. Other developments concerning the patenting of DNA reviewed in this article emphasise the uncertainty surrounding the strength of intellectual property in the genomics areas.