Surprise: Justice Department Says Isolated Genes Should Not Be Patentable

from the didn't-see-that-coming dept

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.

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  1. icon
    Prashanth (profile), 1 Nov 2010 @ 4:32pm

    Re: "...which makes perfect sense..."

    Ammonia doesn't naturally occur. Should it be patentable? (For that matter, should the Haber process be patentable?) I think not.

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