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

Zinatul Ashiqin Zainol, Nabeel Mahdi Althabhawi

Research output: Contribution to journalArticle

Abstract

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.

Original languageEnglish
Pages (from-to)55-60
Number of pages6
JournalNanoEthics
Volume12
Issue number1
DOIs
Publication statusPublished - 1 Apr 2018

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biology
art
human being
Art
Person
Synthetic Biology
patent law
technician
patent
Inventor

Keywords

  • Iraqi law
  • Malaysian law
  • Patent
  • Synthetic biology

ASJC Scopus subject areas

  • Social Sciences (miscellaneous)
  • Sociology and Political Science
  • Philosophy
  • History and Philosophy of Science
  • Management of Technology and Innovation

Cite this

Person Skilled in the Art in Synthetic Biology from Iraqi and Malaysian Perspectives. / Zainol, Zinatul Ashiqin; Althabhawi, Nabeel Mahdi.

In: NanoEthics, Vol. 12, No. 1, 01.04.2018, p. 55-60.

Research output: Contribution to journalArticle

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