Response to ‘Pervasive Sequence Patents Cover the Entire Human Genome’
Genome Medicine, Vol. 6, No. 14, 2014
George Mason Law & Economics Research Paper No. 14-07
San Diego Legal Studies Paper No. 14-148
Loyola-LA Legal Studies Paper No. 2014-19
Georgia State University College of Law, Legal Studies Research Paper No. 2014-16
4 Pages Posted: 1 Mar 2014 Last revised: 14 May 2014
Date Written: February 27, 2014
Abstract
In a widely reported article by Jeffrey Rosenfeld and Christopher Mason published in Genome Medicine, significant misstatements were made, because the authors did not sufficiently review the claims – which define the legal scope of a patent – in the patents they analyzed. Specifically, the authors do not provide an adequate basis for their assertion that 41% of the genes in the human genome have been claimed.
Keywords: gene patents, human genome, Myriad Genetics, patent claims, patent scope
JEL Classification: O34
Suggested Citation: Suggested Citation