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1993-04-08
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THE WEEK, Page 24HEALTH & SCIENCEApplication Rejected
The first attempt to patent human genes is turned down flat
Whether you think genes were invented by God or by Nature, it
seems the height of arrogance -- and absurdity -- to seek
patents on the DNA that lies within human cells. Yet absurdity
was not the reason the U.S. Patent and Trademark Office gave for
turning down the National Institutes of Health in its bid to do
just that. Instead, it was that the genes failed to meet the
standards of novelty, usefulness and nonobviousness required if
an invention is to be protected. Among other things, said the
patent office, the descriptions of the genes had been published
before, so they weren't novel, and their practical use was
unknown.
NIH's motive was to keep private companies from going
after patents of their own -- and thus from having the power to
keep potentially lifesaving but unprofitable therapies off the
market. Put that way, the idea suddenly seems less absurd. NIH
has three months to appeal the ruling.