Nanotechnology and Biotechnology Patents
Abstract
ideas belonging to humanity. The decisive case that gave birth to the field of biotechnology patent law was Diamond v. Chakrabarty2 where the United *BSc (Econ), JD, LLM, PhD, Associate Professor of Law, Riga Graduate School of Law, Riga, Latvia, Attorney at Law-Economist. E-mail: zekosg@yahoo.com 1 U.S. CONST. art. I, § 8, cl. 8. Congress has the power âto promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.â DONALD CHISUM ET AL., PRINCIPLES OF PATENT LAW 3 (2d ed. 2001). âA patent gives an inventor the right to exclude. A patent does not give the inventor the positive right to make, use, or sell the invention. This is a common misunderstanding of the modern patent grant. . . .â If a competitor desires to use the patented invention, the competitor must obtain permission or a license from the patent holder to do so. At ch.2. Several reasons exist for requiring full disclosure, including preventing duplication of work and effort, advancing technology by allowing others to see the invention so that they may make improvements, and making the inventor clarify the limits