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Genetics and Health

Patents on DNA and Genes Declining

by Hsien Hsien Lei, PhD on February 11th, 2007

german patent officeGene and DNA patents concern those who worry that important life-saving information will be locked away by those whose only desire is to make a profit. A recent study of over 15,000 patents involving DNA sequences has found that patents on DNA are no longer growing apace. Only one third of patents have been granted while the rest were had been denied, withdrawn, or stuck in the application process.

Dr Michael M Hopkins, Dr Surya Mahdi, Mr Pari Patel and Professor Sandy M Thomas at SPRU - Science and Technology Policy Research, at the University of Sussex, UK have concluded that a number of factors have made it more difficult to patent genes and DNA, including:

  • New guidelines at patent offices
  • Legal developments
  • Commercial sentiment
  • Availability of genetic information in the public domain
  • Cost and difficulty of obtaining a patent, esp. in Europe

The US patent office has apparently granted many more gene patents than other countries in Europe and Japan.

Denise Caruso wrote about patents in the biotech industry last month for the New York Times. Here’s a reprint in the Tuscaloosa News.

Medical News Today, February 11, 2007
Photo: German Patent Office from genome4hire

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POSTED IN: Genetics: Legislation, Policies, Ethics, Law

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