'Round Up' on the Scope of DNA Patents - Monsanto Technology LLC v. Cefetra BV and Ors

摘要

Since their inception, DNA sequence patents have proved a hot topic in patent law. Advocate General Men-gozzi's opinion in the Monsanto case, delivered on 9 March 2010, has been keenly awaited as it provided the first opportunity for the European Court of Justice (ECJ) to interpret the scope of EU legislation on the protection of biotechnological inventions, in particular in relation to DNA sequence patents. The Advocate General's opinion on the scope of protection to be afforded to DNA sequence patents is likely to cause controversy, partly due to the subject matter and partly due to the relatively narrow scope of patent protection he seeks to create.