Brenda Jarrell on the Patentability of Genes

Genetic Engineering & Biotechnology News

 | June 1, 2010

 | Brenda Jarrell

Brenda Herschbach Jarrell  co-wrote an article in Genetic Engineering & Biotechnology News, “Are Biotech Inventions Still Protectable?,” which notes a recent court's decision that genes are unpatentable products of nature.

On March 29, 2010, the American Civil Liabilities Union scored a stunning victory in the battle over gene patenting.  The District Court in the Southern District of New York held that genes are unpatentable.  Diagnostic methods that involve analyzing and comparing gene sequences were also found to be unpatentable, as were methods for identifying cancer therapeutics by comparing growth rate of engineered cells.



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