Subject Area
Intellectual Property
Abstract
This Note will explore the seemingly contradictory interests of the general public, the pharmaceutical industry, and the research community regarding human gene patents. Part I will look at the recent Myriad decisions in light of previous beliefs about the patentability of genetic material. Part II will examine the effect of gene patenting on scientific research and innovation. Parts III and IV will explore the effect of gene patents on both the general public and the pharmaceutical industry, and will seek to understand the belief dissonance between these two factions. Part V will consider how Congress has handled similar problems in the past through legislation, specifically in regards to plant patents and biological drugs. Part VI will discuss the possibility of finding a solution to the gene patent problem that satisfies the research community, the general public, and the pharmaceutical industry. Ultimately, this Note will analyze the success of prior legislation in order to propose a course of action that will appease all parties involved in the human gene patenting debate.
Recommended Citation
Jacob D. Moore,
The Forgotten Victim in the Human Gene Patenting Debate: Pharmaceutical Companies,
63 Fla. L. Rev.
1277
(2011).
Available at: https://scholarship.law.ufl.edu/flr/vol63/iss5/6