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The Human Genome: A Patenting Dilemma, Pamela Docherty
The Human Genome: A Patenting Dilemma, Pamela Docherty
Akron Law Review
This Comment will address the conflict between the U.S. patent laws and biotechnology by focusing on the NIH patent application.
The first part of this Comment discusses the objectives and statutory requirements of the patent system, which the NIH application purportedly did not meet. Next, this Comment focuses on the debate between NIH and its detractors. It explains NIH's reasons for its actions and discusses the criticisms leveled at the agency. Finally, this Comment presents solutions to the problems that have been uncovered by this debate regarding the patentability of genes.