| Summary: | 碩士 === 國立交通大學 === 科技管理學程碩士班 === 88 === Abstract
This study reviews 17 cases of US CAFC (Court of Appeals for the Federal Circuit) patent suits associated with biotechnology. It aims to analyze the core issues of technological disputes in the industrial development.
To begin with, this research presents the milestones of biotechnology development. James Watson and Francis Crick firstly discovered DNA with double helix form, which reveals the infrastructure of the genetic code, in 1953. The research of genetic engineering grew rapidly during the 1980s, and many genetic phenomena were disclosed. The "Human Genome Interpretation Project" conducted by the USA released preliminary results in June 2000. The biotechnology development has led to an increase of patent number grow exponentially during the last five years.
The 17 cases contained in this thesis include the following legal subjects:
(a)inventive step(1 case),
(b)doctrine of equivalent(1 case),
(c)descriptive requirement(1 case),
(d)best mode requirement(1 case),
(e)nonenablement (1 case),
(f)patent right laches and file wrapper estoppel(1 case),
(g)interpretation of claims(3 cases),
(h)lack of evidence(3 cases),
(i)dismissal without prejudice(2 cases),
(j)inequitable conduct(2 cases),
(k)patent right lapse(1 case),
(l)licensing dispute(2 cases),
(m)discovery problem (1 case).
In short, the legality and technical aspects are discussed in terms of legal judgement in each specific case. It is also pointed out in this study that human growth hormone, erythropoietin, protein engineering, fusion protein, human insulin, gene expression, synthetic insecticide, and HIV detection method, are of values for further research.
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