The US Patent and Trademark Office (PTO) has issued new guidelines on the patenting of genes, reports last week's Nature. Although the guidelines accept that genes can be patented, they are intended to prevent the patenting of gene sequences with no immediately apparent use. From now on, applications for gene patents must state at least one 'specific, credible and substantial use'.
The guidelines have been welcomed by biotech firms. Paul Gilman of Celera Genomics said they would stop companies from making up a possible use for a newly discovered gene and patenting it before they find out how it really works. 'Addition of the word 'substantial' means that it must now have a real-world application' said Brigid Quinn, a spokeswoman for the PTO.
A spokesman for the European Patent Office told New Scientist that the new guidelines bring the US into line with Europe. 'European rules have been considered tougher than the US ones, and the function of the gene must be described' he said.
Sources and References
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Guidelines reject criticism of policy on gene patenting
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USPTO publishes final guidelines for determining utility of gene-related inventions
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Patently useful
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US issues new patent guidelines on genes
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