This note considers the current state of affairs regarding patentability in the field of biotechnology, especially that of genes and DNA. Part II gives a brief background of patents in general, including the requirements that must be met for a patent to be granted, the way in which the patent process works, and the options available to a patent holder once a patent has been granted. Part III explores the history of biotechnology patents. Part IV takes a look at the relationship between patents and biotechnology, and sheds light on some of the common arguments both in favor of and against the patenting of genetic material. Part V investigates solutions proposed to remedy the problems raised in Part III, and considers a different approach to fixing the patent system as it relates to biotechnology. Part VI concludes this note by proposing a slight adaptation to the existing patent system.
David T. Bennett,
Useless Information: Genetic Patenting, the Usefulness
Requirement, and the Effect on the “Big Freeze”,
35 J. Nat’l Ass’n Admin. L. Judiciary
Available at: http://digitalcommons.pepperdine.edu/naalj/vol35/iss2/5