Patentability of Biotechnological Inventions should not have to Consider Morality and Ordre Public: A Critical Analysis on the European Patent Laws

This paper critically analyses the patentability of biotechnological inventions within the context of European Patent Law, focusing the tension between technological innovation and moral considerations. While biotechnological inventions have led to significant advancements, particularly in healthcare, the legal framework governing these inventions, specifically the European Patent Convention (EPC), incorporates moral and public order exceptions that can limit patentability. The paper examines how these exceptions, particularly under Article 53 of EPC, have been applied to inventions involving genetic modifications, human embryos, and transgenic organisms. It argues that the current interpretation of these exceptions was often guided by ethical concerns rooted in European Cultural values that has led to inconsistencies and a restrictive patent system that could stifle innovation. The paper reviews landmark cases, such as those involving genetically modified organisms and human germline editing, to highlight how the application of morality and public order principles has evolved. The analysis suggests that while moral and public order considerations are crucial in patent law, a more flexible and case-specific approach would better balance ethical concerns with the need for technological progress. Furthermore, the paper critiques the imbalance created by these restrictions, particularly how they may hinder access to life-saving biotechnologies. In conclusion, the paper advocates for a more adaptable legal framework that aligns patentability criteria with the rapid pace of scientific advancement, ensuring that biotechnological inventions can be both ethically developed and widely accessible.