A Look At Patents On Genes.
Submitted by freefortermpapers on 06/24/2008 03:00 PM
- Category: Technology
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A Look At Patents On Genes.
What are patents, the requirements, and where do you get a patent from?
"The patentability of inventions under U.S. law is determined by the Patent and Trademark Office (USPTO) in the Department of Commerce. A patent application is judged on four criteria. The invention must be "useful" in a practical sense (the inventor must identify some useful purpose for it), "novel" (i.e., not known or used before the filing), and "nonobvious" (i.e., not an improvement easily made by someone trained in the relevant area). The invention also must be described in sufficient detail to enable one skilled in the field to use it for the stated purpose (sometimes called the "enablement" criterion)." (Taken from the Human Genome Project Information Web page.) Patents are generally good for a twenty-year period, starting with the filing date.
What are gene patents and the requirements of gene patents?
Gene patents are essentially the same as regular patents. When a scientist applies for a gene patent, she has to identify and show a new and useful nonobvious purpose for the gene, and specify its use and product, also she must allow others who are in the genetics field to use the gene sequence for its stated use.
Different types of patentable genetic information
When looking at the patenting of genetic information there are six main areas: genes, gene fragments (also known as - EST's - expressed sequence tags), SNPs, proteins, gene tests, and stem cells.
What is the purpose of patenting genetic information?
In our lives we constantly use patented items: cars, pencils, pens, computers, bowls, paint, and billions of other items. The patenting of genetic information is not much different. Scientists are often conflicted about whether to share information amongst themselves as with the human genome project or to patent their new information to insure their future rights to sell the invention or to use the invention (whether it's a...
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