DNA und ihre Verwendung als Gegenstand patentierbarer Erfindungen

Personalised medicine promises individual and optimised treatment for each patient. Researchers identify markers correlating with a certain reaction to an active ingredient. However, such research results are easy to copy and research-driven companies are calling for effective IP protection. This book shows that current European patent law can only offer limited protection. In the analysis of the patenting requirements and in view of statutory history, it can be shown that patenting practice has moved away from the normative framework and has become based on paradigms. The still-prevailing doctrine of absolute protection of substances is outdated. As an alternative concept, Jan Krusche suggests a normatively oriented concept of patenting in order to make the patenting of information-based innovations as gene markers predictable. DNA therefore will only be patented in its functional context.