Justice Department Taking New Stand on Gene Patents?
NPR reports that a Justice Department brief in a biopatent case signals a new direction for federal gene patent protection. It’s difficult to tell from the story exactly what position the feds are taking, but it appears that they are rejecting the idea that a mere description of a gene sequence is sufficient for a gene patent. If that is the case, it makes sense for at least two reasons. First, the “products of nature” exception to patentability has been shrinking to near non-existence. The line needs to be drawn here for genes or it won’t be drawn at all. Second, as explained by Professor Bob Cook-Deegan in the NPR story, allowing such patents will block a number of new anticipated technologies.
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