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. identicon
    Anonymous, 1 Nov 2010 @ 4:31am

    "...which makes perfect sense..."

    Patents are granted for, e.g., new and nonobvious compounds of matter. Gene patents are for _isolated_ gene sequences. _Isolated_ gene sequences do not exist in nature, therefore they are patentable.

    Want to explain why the contrary "makes perfect sense"? It seems to me your anti-patent bias is leading you to shoot from the hip again.

    Your friend, Anonymous

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