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Patenting Genes
A gene patent is a patent on a specific isolated gene sequence, a natural sequence that has been altered, the processes and methods for obtaining or using it, or a combination of any of these. In the United States, gene patents have only been granted to gene sequences that have known functions.
In 1980, the first patent for a living organism was filed, but was rejected by a patent examiner for the United States Patent and Trademark Office (USPTO). The patent was filed for a newly created bacterium that Ananda Chakrabarty, a microbiologist, had created for digesting crude oil in oil spills. Chakrabarty appealed, arguing that although the USPTO does not allow patents on living organisms, if it is “man-madeâ€, such as through genetic engineering, then such an organism is patentable. In a 5-4 ruling by the U.S. Supreme Court in the Diamond v. Chakrabarty trial, Chakrabarty was awarded a patent for the microorganism he created. Current patent law prohibits the patenting of laws of nature or natural phenomena. Although genes are certainly natural phenomena, some believe the act of isolating and studying them makes them patentable under the Chakrabarty ruling. Others disagree and don’t believe gene sequences should be patentable. Although lower courts have heard cases involving gene patents (see below), the Supreme Court has yet to weigh in.
https://knowgenetics.org/patenting-genes/