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Updated: May 13, 2026
09:40
Novel Sequence Discovery by Subtractive Genomics
Published on: January 25, 2019
Pervasive sequence patents cover the entire human genome
Jeffrey A Rosenfeld1, Christopher E Mason2
1IST/Division of High Performance and Research Computing at the University of Medicine & Dentistry of New Jersey, South Orange Avenue, Newark, NJ 07103, USA ; American Museum of Natural History, Sackler Institute for Comparative Genomics, Central Park West at 79th Street, New York, NY 10024, USA.
Genome Medicine
|March 26, 2013
Summary
Gene patents are overly broad, with short DNA sequences matching many genes. This impacts genomic medicine and diagnostics due to non-specific patent claims.
Area of Science:
- Genomics
- Intellectual Property Law
- Biotechnology
Background:
- The patentability of genetic sequences remains a contentious issue.
- The Association of Molecular Pathologists v. Myriad Genetics case is before the US Supreme Court.
- Previous rulings suggested patents could cover short DNA sequences (15-mers).
Purpose of the Study:
- To analyze the specificity of current US gene patent claims.
- To assess the potential overlap between patented sequences and the human genome.
- To evaluate the implications for genomic medicine.
Main Methods:
- Analysis of all current US patent claims and the human genome.
- Comparison of short nucleotide sequences (15-mers) across genes.
- Examination of longer DNA sequences (1,000 bp) and full-length patent claims.
- Inclusion of animal gene patents in the analysis.
Main Results:
- 15-mer sequences from human genes extensively match other genes; the average gene matches 364 others.
- BRCA1 gene has 15-mers matching at least 689 other genes.
- Patents on animal DNA sequences could claim up to 84% of human genes.
- 41% of human genes are covered by full-length DNA patent claims.
Conclusions:
- Current gene patents, both short and long, are highly non-specific.
- These patents create significant uncertainty and liability for genomic medicine.
- The findings have critical implications for targeted re-sequencing and diagnostic assays.
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