U.S. DOJ Reverses Policy – Now Argues Genes Should Not be Eligible for Patent Protection

30 10 2010

About Face
As reported in the New York Times, while the United States Department of Justice (DOJ) is maintaining its position that modified genes should be patentable, it pulled a 180 Friday regarding naturally occurring, unmodified genes. In an amicus curiae brief the DOJ stated “Genomic DNA itself, however, is a product of nature that is ineligible for patent protection.” This position places the DOJ squarely at odds with the United States Patent and Trademark Office (USPTO), the National Institute of Health (NIH) and other government agencies that have sought patent protection for human genes.


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