Overview

The ECJ held that the EU Biotech Directive provides that a mere DNA sequence without indication of a
function does not contain any technical information and is therefore not a patentable invention.

From this, and from further provisions of the Directive the Court concluded that a patented DNA sequence which is presently incapable of performing the function for which it was patented is not protected.

This decision terminates the controversial discussion as to whether patent protection for a DNA sequence is "absolute", as usual for a chemical substance, or whether it is "purpose-limited" because the DNA sequence per se is known from nature and only its biological function has been newly identified.

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