Patents on Human Genes: An Analysis of Scope and Claims

Science, Vol. 307, 2005

2 Pages Posted: 24 Apr 2006 Last revised: 18 Jun 2013

Jordan Paradise

Loyola University Chicago School of Law

Lori Andrews

Chicago-Kent College of Law

Timothy R. Holbrook

Emory University School of Law

Date Written: 2005

Abstract

There is significant domestic and international opposition to gene patents based on the fact that gene patents deter medical research and health care, as well as the policy position that genes are an inherent product of nature. Yet, equally troubling is the fact that gene patents have been issued by the U.S. Patent & Trademark Office that are problematic with respect to existing federal patent law. The authors of this Policy Forum describe their study, which examined issued gene patents covering a variety of genetic diseases and described ways in which many claims fell short of USPTO patentability requirements.

Keywords: United States Patent & Trademark Office, patent, claim, gene

Suggested Citation

Paradise, Jordan and Andrews, Lori and Holbrook, Timothy R., Patents on Human Genes: An Analysis of Scope and Claims (2005). Science, Vol. 307, 2005. Available at SSRN: https://ssrn.com/abstract=897510

Jordan K. Paradise (Contact Author)

Loyola University Chicago School of Law ( email )

25 E. Pearson
Chicago, IL 60611
United States

Lori Andrews

Chicago-Kent College of Law ( email )

565 West Adams St.
Chicago, IL 60661
United States

Timothy Richard Holbrook

Emory University School of Law ( email )

1301 Clifton Road
Atlanta, GA 30322
United States
404-712-0353 (Phone)

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