Key Points in Biotechnological Patents to be Exploited
Alfredo Mateos García,
José Rafael López-Moya,
Patents in some biotechnological fields are controversial. Despite this fact, the number of patent applications
increases every year. Total revenues in the global biotechnology market are expected to increase in the middle term.
Nowadays, the bioeconomy is an important socio-economic area, which is reflected in the number of firms dedicated to or
using biotechnology. The exploitation of biotechnological patents is an essential task in the management of intellectual
capital. This paper explains the multiplicity of factors that influence the exploitation of biotechnological patents; specifically,
the internal and external key points of patents exploitation. The external determining factors for patents are: (i) the
market need for biotechnological products and services, (ii) the importance of the freedom to operate analysis before entering
the market, and (iii) efficiency in prosecution by Patent Offices. This paper primarily focuses on the internal determining
factors, more particularly, the characteristics that the patent’s owner must take into consideration in order to have
a strong, broad subject-matter in the granted patent. The experimentation needed to obtain an adequate scope of the subject-
matter in the claims is a critical issue in the exploitation of a patent or patent application.
Keywords: Biotechnology, patent, exploitation, novelty, inventive step, support in the description, sufficiency of the disclosure,
scope of the protection, intellectual property, intellectual capital.
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