Patentando ADN (Patenting DNA)

Abstract

Patent systems in developed countries have made different interpretation or created new standards to embrace sequences of DNA as a patentable entity, regardless of the fact that in theory DNA did not fulfill requirements of patents (novelty, inventive step and industrial application (utility), and patent subject matter). This approach benefits R&D in the biotechnology industry. However, patents also represent a threat in R&D. This article studies both how patent systems in Europe adopted sequences of DNA and how patents could affect R&D in biotechnology.

Note: Downloadable document is in Spanish.

Keywords: sequence of DNA, patents, novelty, inventive step, industrial application, patent subject matter, ownership, R&D, Europe, licensing, tragedy of commons, tragedy of anticommons