英文摘要 |
Bioprint is an umbrella term covering a new branch of biotechnology with an extraordinary ability to artificially synthesize human tissues and organs. With this feature, many are hoping that the Bioprint Technology could address the current complications in the organ transplantation procedures. Displaying a great magnitude of capabilities, for-profit firms and private institutions are eager to quickly obtain IP protections and monopoly rights to this valuable piece of technology. In spite of Bioprint many abilities, the legal system have been slow to keep up with the rapid development of the Bioprint Technology. Even though patent law was created to especially protect and promote technological invention such as this. However, eligibility and validity issues still plagued biotechnology related inventions with past examples such as: Diamond v. Chakrabarty, AMP v. Myriad or Mayo v. Prometheus. For this reason, the issue of Bioprint Technology patent eligibility still remains highly disputed. Adding to this dilemma, the modern patent landscapes have shown that having obtained a fully granted patent from the USPTO does not necessary guarantee the true validity of the invention itself. Under these conditions, the question of validity of the Bioprint Technology still requires the judiciary branch to examine and clarify. Seeing the problem at hand, this analysis report is aimed to provide the readers with broad overview of the Bioprint Technology. Then, proceed to analyze the patent eligibility of the technology by using various tests from past US court cases. Lastly, analyzing with scope of the Bioprint Technology within the patentable subject matter of the Leahy-Smith America Invents Act. |