Rethinking the Patentability of Human Genes in view of the recent US and EU Judicial Resolutions
Event: SeminarDate: 17 Sep 2012 15:00
Start date: 17 Sep 2012 15:00
End date: 17 Sep 2012 16:30
Speaker(s): Dr Mercedes Curto Polo, Universidad Rey Juan Carlos
Organised by: Egenis
Venue:
University of Exeter,
Egenis,
Byrne House,
St Germans Road,
Exeter, EX4 4PJ
Room no: GF7
Time: 3:00 - 4:30pm
Abstract:
Under current patent law it is possible to protect in the field of Biotechnology plants, animals, micro organisms and isolated elements of the human body, including human genes. Many discussions have arisen concerning the appropriation of living matter that, although isolated or purified through technical means, existed in nature before the human manipulation. Regarding the patentability of human DNA sequences it is said specifically that patents may inhibit the free exchange of information and therefore the development of the technological knowledge in this field could be seriously blocked. On the other hand it is also stated that patents would make biotechnology drugs and diagnostic methods much more expensive and difficult to access for many people and they would determine that investigation remains limited to areas in which there are real expectations of economic benefits.
From a strict patent law point of view the patentability of human DNA inventions is far from being pacific. Even if most of the patent offices have been granting patents over human genetic sequences, ESTs or SNPs, recent judicial decisions show that the question remains still open. That is the case of the unexpected resolution issued by Judge Sweet from the District Court of New York in march 2010. Even if it has been overruled by the Court of Appeal for the Federal Circuit in july 2011, it has proved that the question of patentability of human genes must be revisited. In Europe the recent decision of the European Court of Justice in october 2011, concerning the patentability of human embryonic stem cells has also reopened the debate about the limits of Patent law concerning biotechnological inventions.
Further details: Contact Dr Jean Harrington: j.l.harrington@exeter.ac.uk, or call the Egenis office on 01392 725140 for further information.
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