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COLOMBIA

THE TECHNICAL BENEFITS WHEN THE INVENTIVE STEP REQUIREMENT IN BIOTECHNOLOGY INVENTIONS IS EVALUATED

In a recent ruling by the Colombian Patent Office, a patent was granted in the field of biotechnology recognizing the validity of the technical advantages when assessing the inventive level.

 

Analyzing the inventive level in the biotechnology field and when the technical characteristics of the product that are not derived from obvious form of prior art although known materials are used, an inventive level will be recognized as long as the result is unexpected.

This ruling provides the guidelines for inventiveness of biotechnology inventions and broadens the criteria for the analysis of this requirement when the inventions are made of materials known in the prior art.