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Patents for genetically modified animals

K W O'Connor1

  • 1U.S. Congress, Office of Technology Assessment, Washington, D.C. 20510-8025.

Journal of Animal Science
|January 1, 1993
PubMed
Summary

Genetically engineered animals are patentable, sparking debate on intellectual property law. Unique challenges arise from living, self-reproducing inventions requiring special patent considerations.

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Area of Science:

  • Biotechnology Law
  • Intellectual Property Rights
  • Animal Patents

Background:

  • The patentability of living organisms, including genetically engineered animals, is a complex legal and ethical issue.
  • Landmark cases like Diamond v. Chakrabarty have established precedents for patenting life forms.
  • Current policies allow for the patenting of plants and nonhuman animals, leading to ongoing legislative discussion.

Purpose of the Study:

  • To explore the contentious issue of patenting genetically engineered animals.
  • To examine the legal and practical challenges associated with intellectual property protection for living inventions.
  • To understand the implications of patenting self-reproducing and difficult-to-describe biological entities.

Main Methods:

  • Analysis of U.S. Supreme Court and Patent and Trademark Office decisions.
  • Review of congressional debates and legislative proposals.
  • Examination of the unique characteristics of patenting living organisms.

Main Results:

  • The U.S. Supreme Court ruled in Diamond v. Chakrabarty that living microorganisms are patentable.
  • The U.S. Patent and Trademark Office has extended patentability to plants and nonhuman animals.
  • Significant debate exists regarding the patentability of genetically engineered animals.

Conclusions:

  • Patenting living organisms presents unique challenges due to their inherent biological properties.
  • The legal framework for patenting genetically engineered animals is still evolving.
  • Further consideration is needed to address the specific issues of self-replication and adequate description in patent applications for living inventions.

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