Patent eligibility of biotechnological inventions in the United States, Europe, and Japan: How much patent policy is public policy?

Certain biotechnology inventions have spurred debates over their patent eligibility. This note compares the patent laws in the US, Europe and Japan as they relate to the patent eligibility of biotechnology inventions. The US law is discussed as it applies to the patent eligibility of biotechnology inventions. Current European patent laws are dealing with the scope of patent eligible biotechnology inventions are also examined. Japan's current patent law is also covered. The major distinction between the US system and its European and Japanese counterparts and the absence of a patent statute expressly prohibiting patenting inventions on public policy or morality grounds is explored. Finally, the pros and cons of the lack of such a statutory prohibition are discussed.