Invenção versus descoberta: Estudo de casos sobre o exame de patentes em biotecnologia 2015 – 2020
DOI:
https://doi.org/10.5020/2317-2150.2023.13547Keywords:
propriedade intelectual, propriedade industrial, patentes, biotecnologia, critérios de patenteabilidadeAbstract
The present study is concerned with analyzing the granting of invention patents, in the area of biotechnology, from 2015 to 2020, through the study of multiple cases. The objective is to highlight the difficulties present in the application of patentability criteria in the face of the conceptual clash of invention and discovery. The problem lies in the question about the (im)possibility of meeting the patentability criteria by applications for patents in the area of biotechnology. The present research is characterized by a qualitative approach, of a basic nature, with an explanatory objective, developed from the inductive method. As for the procedures, document analysis and multiple case studies were adopted. The results and discussions showed a peculiar and differentiated treatment, regarding the application of patentability criteria, to patent applications involving biotechnology, especially in the identification of materials considered "discovery" present in the applications.
Keywords: Intellectual Property. Industrial property. Patents. Biotechnology. Patentability Criteria.
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