Title: DNA Sequences as Unpatentable Subject Matter (2001 Third Year Paper)
Author(s): Victor Song
Subject & Subject keywords: Food and Drug Law "DNA" "patent"
Abstract:Man has played no part in creating DNA. It is nature which created and perfected DNA over thousands of years of evolution. What required man’s ingenuity was isolating, purifying, and sequencing the DNA. These inventions deserve patent protection. After uncovering nature’s handiwork, man then used his ingenuity and nature’s DNA sequences to develop new inventions such as genetically modified micro-organisms. These inventions also deserve patent protection. What is not worthy of patent protection is the DNA sequence itself. These were created by nature and merely uncovered by man. DNA sequences should not be patented because in the words of Funk Brothers they are “free to all men and reserved exclusively to none”.

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