Enclosing the genome: what squabbles over genetic patents could teach us.

available by the author under a Creative Commons License http://www.creativecommons.org/licenses/by-sa/1.0 The final version is to be published in Advances in Genetics. Thanks to Lauren Dame, Bob Cook-Deegan and Alex Rosenberg for their comments and criticisms. Bob, in particular, should not be held responsible for the results. His comments helped me greatly by making clear out how alien it is to the world of pragmatic intellectual property policy to take the rhetorical structure of a discipline seriously, rather than making arguments within that structure. To the extent that it is now clear that this chapter is not an attack on gene patents, nor an embrace of the critics’ arguments, but rather an examination of what the gene patenting debate can teach us about intellectual property scholarship generally, he bears much of the credit.