Patentierbarkeit im Agrarsektor

Patentability of production animals in the fields of agriculture is one of the most heavily discussed area of patent law. The legal framework encounters an area of conflict consisting of natural scientific findings, ongoing (bio)technological developments as well as political and ethical (moral) concepts. In particular in the fields of agriculture as well as ethics and religion, the law currently applicable is being criticized.
Within this survey, such criticism is being systematically put in order and decidedly analyzed against the background of law currently applicable and the respective patent granting practice. In particular, within this survey it is being examined whether the legislator succeeds to provide a legal framework that is in compliance with the principle of concordance. Furthermore, it is examined within this survey, whether the criticism could develop its potential de lege ferenda.