Scope of protection for gene sequence patents

Germany has still not ratified the Directive on the Legal Protection of Biotechnological Inventions, although the time limit expired long ago. The draft implementing law, already submitted to Parliament (Bundestag) during the last legislative period, was introduced again in an unmodified form in the present period, but it has still not been passed. The central issue is whether and under what conditions a gene patent is entitled to so-called substance (or compound) protection. One aspect is the allowable wording of the claims. The other aspect is the scope of protection after grant. The present article deals with the second problem: the determination of the scope of protection for granted patents on gene sequences.