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DNA patentability--anything but obvious.

J S Dillen1

  • 1University of Wisconsin Law School, USA.

Wisconsin Law Review
|January 1, 1997
PubMed
Summary
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Recent court rulings found DNA sequences patentable, deeming them non-obvious. However, this analysis suggests current technology may challenge future biotechnology patents based on obviousness.

Area of Science:

  • Intellectual Property Law
  • Biotechnology
  • Genetics

Background:

  • The early 1980s saw advancements in genetic technology, leading to a surge in DNA sequence patent applications.
  • Controversies arose regarding the obviousness of patenting DNA sequences, prompting legal challenges.

Purpose of the Study:

  • To analyze the United States Court of Appeals for the Federal Circuit's (CAFC) decisions on DNA sequence patentability.
  • To evaluate the legal and technical coherence of CAFC rulings on obviousness in light of current technology.

Main Methods:

  • Review of three CAFC opinions concerning DNA sequence patents.
  • Analysis of the court's application of obviousness standards.
  • Comparison of judicial rationale with contemporary technological standards.
Keywords:
Biomedical and Behavioral ResearchGenetics and ReproductionLegal Approach

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Main Results:

  • The CAFC consistently held DNA sequences to be non-obvious and thus patentable.
  • The court's reasoning exhibited a lack of legal and technical coherence, potentially due to outdated technological understanding.
  • Decisions were based on technology from a decade prior, not reflecting current advancements.

Conclusions:

  • While recent rulings favor patentability, the CAFC's inconsistent application of obviousness standards raises concerns.
  • A rigorous application of the obviousness standard, considering present-day technology, indicates that obviousness could still impede biotechnology patents.