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2011

Penn State Law

Intellectual Property Law

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Patenting Genes And Genetic Methods: What’S At Stake?, Eileen M. Kane Jan 2011

Patenting Genes And Genetic Methods: What’S At Stake?, Eileen M. Kane

Journal Articles

The emergence of genetic medicine following decades of molecular biology research has been accompanied by the procurement of patent rights to many medically significant genes and methods for their use. The intellectual force of reductionism in the life sciences – to explain biological phenomena with molecular precision – generates direct conflicts with patent law’s exclusion of basic knowledge from patenting: laws of nature, natural phenomena, and abstract ideas must remain in the public domain. This is a period of renewed attention to the issue of patentable subject matter in the life sciences, with a particular focus on genetic patenting. Patents …