Edifying Thoughts of a Patent Watcher: The Nature of DNA

60 UCLA Law Review Discourse 92 (2013)

UC Irvine School of Law Research Paper, No. 2013-103

11 Pages Posted: 13 Mar 2013 Last revised: 17 Jul 2016

See all articles by Dan L. Burk

Dan L. Burk

University of California, Irvine School of Law

Date Written: March 12, 2013

Abstract

In the pending case Myriad Genetics v. Association for Molecular Pathology, the United States Supreme Court will consider the patentability of human genes under the “product of nature” doctrine. Patentable subject matter is generally held to encompass materials and artifacts created by humans, and not that which exists independently in nature. However, it is not clear that this is a meaningful or helpful distinction. Given on one hand that the concept of a gene is a human construct, and on the other hand that all human creations are drawn from the material environment, the question of gene patenting is better addressed as a matter of innovation policy than of imponderable labeling.

Keywords: patent, product of nature, DNA, genes, intellectual property, AMP v. Myriad

JEL Classification: O31, O32, O33

Suggested Citation

Burk, Dan L., Edifying Thoughts of a Patent Watcher: The Nature of DNA (March 12, 2013). 60 UCLA Law Review Discourse 92 (2013) ; UC Irvine School of Law Research Paper, No. 2013-103. Available at SSRN: https://ssrn.com/abstract=2232363

Dan L. Burk (Contact Author)

University of California, Irvine School of Law ( email )

4500 Berkeley Place
Irvine, CA 92697-1000
United States
949-824-9325 (Phone)

Here is the Coronavirus
related research on SSRN

Paper statistics

Downloads
82
Abstract Views
1,182
rank
311,798
PlumX Metrics