The Protection of Inventions for Cancer Gene Therapy: Focusing on Patent Eligibility
Date Issued
2014
Date
2014
Author(s)
Lin, Chien-Liang
Abstract
This theis is about the patent eligibility and the proper protection method of cancer gene therapy. Since the authorities of Taiwan and the U.S. have different explanations of patent law with regard to method patents and gene sequences patents, the discution begins from the purpose of patent law to promote the innovation. Hence this thesis argues that when diffusion effect of knowledge exists, the subject in issue should be patent eligible. Concerns of moral and ethical aspects with the progress of technology should be considered by legislators who propose regulations or by the courts who can apply article 24 of Patent Law more actively. When compared with the vagueness of eligibility, it is better to solve these concerns by other patent requirements.
Besides, not only patent but also trade secrets could protect inventions. When cancer gene therapy patents are conferred, economic incentives are produced. By technology authorization and transfer, the patent holder could ensure the skill and knowledge level of conductors of such method, which reduces social cost. So this thesis suggests that patent eligibility of cancer gene therapy and exemptions of medical use should be enacted.
Finally, for patients’ rights and benefits, the consult system should be provided to ensure the access to second opinions. If the patent holders use their patents to prevent patients from second opinions, legal and administratine approach might also be taken.
Subjects
專利權
適格性
基因
基因治療
癌症
營業秘密
第二意見
SDGs
Type
thesis
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