Patenting of Genetic Inventions
نویسنده
چکیده
The genetic inventions in the patent system are similar to chemical inventions. Genetic inventions that are patentable include genetic materials such as DNA, RNA, cDNA, EST’s (Expressed Sequence Tags), SNPs (Single Nucleotide Polymorphs) and recombinant vectors. These inventions need to satisfy the criteria of patentability such as novelty, nonobviousness, utility, enablement and sufficiency of disclosure. The utility standards for genetic inventions are higher than for other inventions. The USPTO has issued guidelines for the utility requirement with respect to genetic sequences. These have been further clarified by recent court decisions in the US. One of the issues relating to patenting of genetic inventions revolves around the question whether a DNA sequence is a discovery or an invention. In Europe, the recently issued directive on biotechnology clearly distinguishes between a discovery and an invention. The Directive makes it clear that genes or other biological elements which are isolated from their natural environment and having a technical effect are patentable. This article discusses most of the issues relating to patenting of genetic inventions.
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