On 22nd November 2025, as part of a panel session entitled “Reconceptualising the Role of Bioethics & Patients’ Lived Experiences Within Patent Law Towards Person-Centred Approaches”, the ERC PatentsInHumans Team presented three papers on the emerging research findings from the project at the “Irish Association of Law Teachers” (IALT) conference at Ulster University, Derry
The panel was introduced by Aislinn Fanning’s paper presentation entitled: “Using Feminist Approaches to Reconceptualise the Role of Patients’ “Lived Experiences” Within Patent Law: Towards a More Person-Centred Approach for Patents Over Health Technologies?” (co-authored with Prof McMahon). This paper uses feminist legal theory as a lens to conceptualise and better understand the marginalisation of patients’ lived experiences (including the bioethical implications of patents for patients, such as potential impacts on their dignity, bodily integrity and autonomy interests) within patent decision-making. The paper highlighted the need for patent law to be reframed to better respond to the needs of people impacted by patents. In doing so, it used feminist analysis to deconstruct hegemonic framings within the patent system, aiming to bring people back into the frame, and to re-imagine a more person-centred vision of patent decision making for health-technologies.
This was followed by a presentation by Sharon Adedapo and Lauren Kane, of a paper entitled, “Patents Implications on Access to Health: Avenues (and Hurdles) for Patients & Patient Representative Groups to Act as Third Party Interveners and Challengers of Patents in European Patent Law?” (co-authored with Prof McMahon). This paper considered the potential avenues open to third parties such as patients or patient representative groups to challenge patents, and intervene on cases at the supranational level within the ‘European’ patent system. Ultimately, this paper argued that there are limited avenues for patients/patient interest groups to have their voices heard at present within European patent decision-making systems, and such actors face several legal, knowledge, procedural, and practical barriers within the current system, a situation which appears unlikely to improve under the UPC.
Finally, Prof Aisling McMahon (PI) concluded the panel with the third paper, titled, “Patent Law, Bioethics and Interpretative Communities: An Institutional Analysis of the Marginalization of Bioethical Issues in European Patent Law – The Importance of Who Decides?”. This paper examined the decision-making actors that interpret and shape patent law at a supranational level in Europe, focusing on the EPO and UPC actors. It argued that whether and to what extent bioethical issues are considered at the grant stage in Europe depends on how relevant legal provisions which could enable this are interpreted in practice. Using institutional theories, the paper argued that such actors and institutional frameworks means that these bodies are institutionally predisposed against consideration of bioethical issues posed by patents. This paper suggests that if bioethical issues are to be considered within the patent grant stage in Europe a bottom-up institutional change is vital.
You can find out more about the PatentsInHumans project on our website: www.patentsinhumans.eu and by watching this short video: https://www.youtube.com/watch?v=LFVRHpzzuQM