Bio-patents, development and society: on the patentability of human genes

This study discusses the possibility of patenting inventions based on human genes and the need for an effective adaptation of the Patent Law system to enable the patenting of material derived from human genes. Furthermore, to allow for the inclusion of human gene-based inventions in the current patent system, many more amendments are required than those that have already become law during and since the twentieth century. It should be emphasized that one of the main characteristics of Patent Law is this changeability that requires the law to constantly respond to economic needs, advances in science and their resulting challenges in order to protect the product of human ingenuity. Therefore, new adaptations are required. In this context, the present paper adopts the understanding that human genes may serve as a basis for patentable inventions provided that the traditional requirements of novelty, inventiveness, utility and descriptive adequacy are adapted to the specific nature of living human matter. They should also be in line with the principles of legality and morality and not infringe human dignity, personality rights and should fulfill their social and environmental functions. Therefore, a bio-patent has a threefold function: economic, social and environmental. The economic function lies in the exclusive right to exploit an invention; the social function is implicit because there is no reason for the existence of a patent that solely benefits, its owner without society also enjoying its benefits and; the environmental function is that which guarantees that a bio-patent should preserve biodiversity and social diversity.