EU High Court May Curb Scope Of DNA Patents

Law360, New York (March 9, 2010, 5:00 PM EST) -- A legal adviser to the European Union's highest court found Tuesday that patented DNA is protected under EU patent law only when it is performing the function for which it is patented, dealing a blow to Monsanto Co. in a case over its Roundup Ready soy plants.

In a recommendation issued in Italian, European Court of Justice Advocate General M. Paolo Mengozzi outlined what he saw as a more limited scope for patent protection afforded to biotechnology inventions.

The issue before Mengozzi was whether genetic information...
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