[Next-Generation Sequencing Book]
  • [Photo] Gary Van Domselaar • January 7, 2001
    ``New guidelines aimed at stopping companies from making frivolous attempts to patent genes before they really have any use for them were issued by the U.S. Patent and Trademark Office on Friday. The rules were intended to help end what has become an acrimonious debate on patenting genes, a multimillion dollar business for many companies.

    ``The guidelines put to rest any question about whether genes can be patented, making it clear that companies may indeed patent genes or even pieces of genes - if they are associated with a specific use, such as the development of a disease.

    ```Now we have a rule,' said Jasemine Chambers, a director of technology for the patent office. `You can patent a gene but only if meets a three-prong test of utility - that is, having specific, credible and substantial uses.'''

    Full story:
    http://www.msnbc.com/news/512245.asp?cp1=1

    JWB: Is this a step in the right direction? The rules are a little clearer, specifying what cannot be patented, but at the same time stating that it is acceptable to patent naturally evolved genes in the first place. Those at the USPTO should ask themselves if water meets the ``three-prong test of utility.'' I doubt they could think so deeply, with spokesperson Bridgett Quinn stating that genes are ``put into dog food.'' But, Celera says they are ``pleased with the guidelines,'' and that speaks volumes more than I can.

Discussion forums: MSNBC: New Gene Patent Guidelines Issued

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