by Mike Masnick
Mon, Nov 1st 2010 2:58am
Well here's a surprise. In the appeal of the ruling from earlier this year that genes are not patentable, the Justice Department has decided to weigh in with an amicus brief, changing the government's longstanding position on gene patents. The government's official position is now that isolated genes should not be patentable, though it does suggest that "manipulated" DNA could be patentable. They basically make the argument that merely isolating a gene isn't an invention, which makes perfect sense. What's interesting is that the Justice Department's position appears to disagree with the USPTO's stated position until now. There must have been a hell of a political fight within the administration to get this through... Anyway, the full filing is after the jump.
If you liked this post, you may also be interested in...
- Leaked TPP Chapter Shows How It's A Massive Gift To Big Pharma And Against Public Health
- Nope, You Can't Patent A Generic Idea Like Crowdfunding
- Expired Bogus Patent On Basic Computer Firewall Now Being Used To Shake Down Lots Of Companies
- The Free Market Case For Patent Reform
- Supreme Court Quotes Spiderman's 'Great Power, Great Responsibility' Line In Rejecting Royalties On Expired Patent