Should We Change EU Law to Disallow DNA Patents?

10 Pages Posted: 28 Jan 2018

See all articles by Kathleen Liddell

Kathleen Liddell

University of Cambridge - Faculty of Law

John Liddicoat

University of Cambridge - Faculty of Law; University of Tasmania

Date Written: October 21, 2016

Abstract

In the first half of the current decade, the US Supreme Court substantially restricted the patentability of isolated DNA sequence patents and methods of genetic diagnosis through its decisions in Mayo Collaborative Services v Prometheus Laboratories Inc in 2012, and in Association for Molecular Pathology v Myriad Genetics Inc in 2013.

A key question for Europeans – and Britons – is whether European law should follow the legal directions in the US: should we also disallow DNA patents? Relatedly, should we disallow genetic diagnostics patents? This paper set the scene for an expert debate on this topic. It focusses on the patentability of DNA sequence patents. The debate was held on 18 November 2016 at the University of Cambridge before a general academic audience.

Keywords: Intellectual Property, Patent Law, DNA Patents, Gene Patents, Patent Eligibility, Patentable Subject Matter, EU Biotechnology Directive, AMP v Myriad

JEL Classification: K19, K39

Suggested Citation

Liddell, Kathleen and Liddicoat, Johnathon, Should We Change EU Law to Disallow DNA Patents? (October 21, 2016). Available at SSRN: https://ssrn.com/abstract=3102238 or http://dx.doi.org/10.2139/ssrn.3102238

Kathleen Liddell (Contact Author)

University of Cambridge - Faculty of Law ( email )

10 West Road
Cambridge, CB3 9DZ
United Kingdom

Johnathon Liddicoat

University of Cambridge - Faculty of Law ( email )

10 West Road
Cambridge, CB3 9DZ
United Kingdom

University of Tasmania ( email )

French Street
Sandy Bay
Hobart, Tasmania 7001
Australia

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