Document Type
Article
Abstract
Because DNA sequences are genetic “information,” should that not distinguish them from other chemical compounds in the context of a patent system? This wide-ranging question continues to be hotly debated by individuals in every walk of life. There is a distinct lack of agreement, even among the Justices of the U.S. Supreme Court, the CAFC, and the Board of Patent Appeals and Interferences (BPAI). Though several cases have held that DNA sequences are mere chemicals, more recent cases have addressed the distinction between the written description and enablement requirements for patentability. The courts in those cases have found sufficient differences between chemical compositions and genetic material to conclude that, in genetic material cases, there is more basis for a separate written description requirement than in a chemical composition case. Nevertheless, because of the breadth of this question, which many believe requires a profound and deliberate examination of fundamental aspects of life, this Article only examines the following: (1) whether fragments of “a copy of DNA” (cDNA) sequences can and should be patented under current policy and law; and (2) what the legal consequences and implications may be for continuing research and development and public health in the biotechnology field, if the PTO and courts continue to allow patents on cDNA sequence fragments.
Recommended Citation
Cynthia D. Lopez-Beverage,
Should Congress Do Something About Upstream Clogging Caused by the Deficient Utility of Expressed Sequence Tag Patents?,
10 J. Tech. L. & Pol'y
(2005).
Available at: https://scholarship.law.ufl.edu/jtlp/vol10/iss1/3