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Law in Context

Abstract from Volume 24 No 1 (2006) Patent Law and Biological Inventions

Rules v Standards for Patent Law in the Plant Sciences

Mark D Janis is the holder of the H Blair and Joan V White Chair in Intellectual Property Law at the University of Iowa College of Law.

This article* argues that US patent jurisprudence as applied to the plant sciences is moving to a second stage that will be characterised by more by incremental calibration than by spectacular change. The article discusses two doctrines of patent scope that are likely to be impli­cated in calibrating the utility patent system for the plant sciences: enablement and experimental use. It considers how those doctrines may be refined to serve as calibration tools in the application of patent law to the plant sciences.

(2006) Volume 24 No1 Law in Context 54

* Note: A prior version of this article appears as a chapter in Jay P Kesan (ed), Agricultural Biotechnology and Intellectual Property: Seeds of Change (Oxford - (ABI) forthcoming 2007).

   
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