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Race-Specific Patents, Commercialization, And Intellectual Property Policy, Shubha Ghosh

Shubha Ghosh

This Article examines the phenomenon of “race-specific patents,” defined as patented inventions for which the claims or the disclosure is written using racial categories. Inspired by the grant of a patent in 2002 for a hypertension drug whose claims limited use to “black patients,” the study begins by documenting race-specific patents in several areas, including patents for pharmaceuticals, cosmetics, toys, and devices for determining personal identity. After cataloguing the nearly seven hundred patents that were discovered, the author presents an analysis of the use of racial categories in patent law that focuses on both the normative bases for intellectual property …