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Tiana Leia Russell

Selected Works

2011

Health Law and Policy

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Unlocking The Genome: The Legal Case Against Gene Patents, Tiana Leia Russell Mar 2011

Unlocking The Genome: The Legal Case Against Gene Patents, Tiana Leia Russell

Tiana Leia Russell

New, innovative genetic diagnostics and therapies are rapidly changing the way diseases are diagnosed, prevented and treated. While genetic medicine remains it its early stages, its potential to improve patients’ lives cannot be overstated. As biotechnology offers patients the promise of improved healthcare choices, a heated debate has arisen over the propriety of genetic patents and whether anyone has the right to own the information that is encoded in a person’s genes. In this paper, I examine the recent litigation surrounding genetic patents and consider whether they constitute patentable subject matter under 35 U.S.C. §101.