A red herring – Invalidity of human gene sequence patents
European Intellectual Property Review
Sweet and Maxwell
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Recent legal developments have reinvigorated the debate around the patenting of human genetic sequences. These cases have been predicated on an assumption that overturning patents on human genes will address a major flaw in the patent system, and that invalidating the patents will solve a serious problem. However, these changes to the law do not adequately address the underlying objections to patenting life and concerns for patient access, and will not ‘solve’ the problem. Instead, a focus on the patentability of DNA alone has to some extent obscured other solutions already existing in patent law, or which could be introduced.
Economic and Social Research Council
2016. Vol 38(2), pp.83-91