Patenting the Fingerprint of God: How Gene Patents Violate the Products of Nature Doctrine
Liberty University Law Review, Vol. 5, p. 77, 2010
37 Pages Posted: 2 Jun 2011 Last revised: 3 Jan 2015
Date Written: December 1, 2010
This article analyzes the current practice of patenting isolated and purified DNA sequences. The article argues that the “products of nature doctrine” does not allow the patenting of isolated and purified DNA sequences. In addition, the article argues that the United States Patent & Trademark Office has misconstrued the Supreme Court’s decision in Diamond v. Chakrabarty, which the PTO uses to justify its current stance on gene patenting. The article posits a new utility test for courts to use when analyzing biotechnological patents that will restore the products of nature doctrine and kept the hallmark cases of patent law unperturbed.
Keywords: gene, patent, biology, law, intellectual property
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