Rational limits on genomic patents

Abstract

Genomics and the availability of high-speed automated sequencing capability pose a new generation of questions for patent law. Under what circumstances should an expressed sequence tag (EST) be patentable, and should such a patent give rights against the whole gene containing the EST? What about single-nucleotide polymorphisms (SNPs)? What about claims on computer exploration of a genome? At the same time that many of us find ourselves concerned about such patents, few of us argue against patents on therapeutic proteins or the gene sequences associated with these proteins. It is hard to imagine how firms would be willing to invest in clinical trials for products on such proteins unless they had exclusivity.

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