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...
- Former US Patent Office Director Freaked Out That Business Methods & Software Are Less Patentable Than Before
- Little Tree Air Freshener Company Sues Non-Profit For Making Tree Shaped Ornaments
- Government Accountability Office Study Confirms: Patent Office Encouraged Examiners To Approve Crappy Patents
- Good To See: Blockstream Promises Not To Abuse Patents
- Stupid Patent of the Month: Solocron Education Trolls With Password Patent