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- THE WEEK, Page 24HEALTH & SCIENCEApplication Rejected
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- The first attempt to patent human genes is turned down flat
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- Whether you think genes were invented by God or by Nature, it
- seems the height of arrogance -- and absurdity -- to seek
- patents on the DNA that lies within human cells. Yet absurdity
- was not the reason the U.S. Patent and Trademark Office gave for
- turning down the National Institutes of Health in its bid to do
- just that. Instead, it was that the genes failed to meet the
- standards of novelty, usefulness and nonobviousness required if
- an invention is to be protected. Among other things, said the
- patent office, the descriptions of the genes had been published
- before, so they weren't novel, and their practical use was
- unknown.
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- NIH's motive was to keep private companies from going
- after patents of their own -- and thus from having the power to
- keep potentially lifesaving but unprofitable therapies off the
- market. Put that way, the idea suddenly seems less absurd. NIH
- has three months to appeal the ruling.
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