Person Skilled in the Art in Synthetic Biology from Iraqi and Malaysian Perspectives

This article presents the problem of a person skilled in the field of synthetic biology. The person skilled in the art is one of the notions which have to be revisited due to the multidisciplinary nature of synthetic biology which involves numerous fields. The article studies this problem from the perspectives of Iraqi and Malaysian patent laws. First, it conceptualizes synthetic biology and person skilled in the art. The Iraqi and Malaysian attitudes regarding person skilled in the art are then addressed. Afterwards, the paper points out the multidisciplinary nature of synthetic biology. In its last part, it discusses the person skilled in synthetic biology and how patent offices and courts deal with this point. Finally, the authors submit that the use of a team of skilled persons to substitute for a single technician would render the obviousness test a subjective assessment dependent on the inventor. The level of non-obviousness would differ in similar cases simply because of the number of inventors. Consequently, the suggestion of having a hypothetical team instead of one person is irrelevant because skills that are attributed to the skilled notional person are not real skills. Thus, replacing him is easy, but the replacement would be fruitless because the skills attributed to a person or a team will be similar.     

Patentable Novelty in Nanotechnology Inventions: a Legal Study in Iraq and Malaysia

Nanotechnology has been facing multiple obstacles related to the applicability of patentability criteria. In this article, the authors addressed the novelty requirement in nanotechnology inventions in Iraqi and Malaysian patent acts. First, novelty was discussed to determine its applicability in the field of nanotechnology. Then, problems on nanotechnology patent application were presented along with some suggested solutions. The problems encountered in the patentability of nanotechnology inventions were summarized in two categories. First, the multidisciplinary nature of nanotechnology casts its shadow on the examination process in patent offices. To overcome this problem, the United States Patent and Trademark Office and the European Patent Office created new divisions to examine nanotechnology inventions; thus, this step must be followed by developing countries. In addition, with the existence of larger scaled materials and devices in prior art, three potentials have been introduced to overcome this issue. First, novel properties in nanoinventions can be demonstrated to reach the point of novelty. Second, nanoinventions can be patentable if they are carried out despite scientific problems occurring when materials are shaped in nanoscale. Third, the process of creating nanomaterials can be patentable as the bottom-up approach, which is not used in larger scaled materials. Finally, pre-disclosure must be considered as an enabling disclosure, which enables a skilled man in the art to put the nanoinvention in practice.