DNA Dilemma: A Perspective on Current U.S. Patent and Trademarh Office Philosophy Concerning Life Patents
The lack of a solid set of criteria for determining patentability of subject matter - particularly subject matter dealing with life - has recently been of increasing public concern in the United States. Alarm for patent practices related to life systems ranges from patents being granted on biochemical processes and the knowledge of these processes to the patenting of entire organisms. One of the most volatile concerns is the patenting of human genes or parts of genes since this genetic material is the basic informational molecule for all life. Current patent law, legislated in 1952, has been interpreted by the U.S. Supreme Court to allow broad patents of DNA, biochemical processes, and what are generally considered 'inventions' of life systems. Several issues are addressed in this paper regarding the unsound reasoning underlying both the interpretation and execution of patent law. Lapses in logic provide a gateway for businesses and individuals to take patenting to an illogical and unworkable extreme. Patent Office disorder of this magnitude is unnecessary and has great potential for harming the mission that the patent office was designed to serve. Recently disclosed patent-granting guidelines suggest the United States Patent and Trademark Office is not upholding its Constitutional responsibility of promoting the progress of science.
- Research Organization:
- DOESC (USDOE Office of Science (SC) (United States))
- Sponsoring Organization:
- USDOE Office of Science (SC)
- OSTI ID:
- 1051293
- Journal Information:
- Journal of Undergraduate Research, Vol. 2
- Country of Publication:
- United States
- Language:
- English
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