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First Page

408

Last Page

442

Abstract

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.

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