The "Novelty" Requirements for Gene and Genetically-Modified Organisms Inventions and the Potential Benefits of a Peer-to-Patent System

The paper focuses on the patentability requirements applicable to the case of biotechnological inventions (gene patents and other genetically modified organisms). The paper takes a comparative standpoint and analyzes North-American, European, and Japanese landscapes. Attention will be also paid to the internal guidelines followed by the relevant Patent Offices, and their examiners. Particular attention will be paid to the "novelty" requirement, and it will be analyzed also under the more pragmatic aspect of the prior art searches that relies on public and community participation. The Peer-to-Patent system will be presented in its fundamental traits in order to identify its potentially beneficial outcomes in terms of quality and efficiency of the patent granting system.