Ethical and legal issues in patenting new animal life.

Abstract

Advances in biotechnology have made the patenting of animals a subject of in­ creased interest and controversy. The Patent and Trademark Office recently granted Harvard University researchers a patent on a genetically-engineered mouse, the first patent on a higher life form; proposed legislation is pending in Congress to delay or prohibit issuance of such patents. This article surveys the arguments for and against patenting higher life forms, concluding that methods other than patent law may be more appropriate for regulating such genetic research. The article further discusses the gaps in the current federal regulatory scheme, as well as alterations in patent law which may be needed to accommodate this new development.

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