Will a smaller genome complicate the patent chase?
Malakoff, D.
Science 291(5507): 1194
2001
ISSN/ISBN: 0036-8075 PMID: 11233435 Document Number: 531179
The unexpectedly small size of the human genome looks set to have significant consequences for those who have applied for patents. Some companies have applied for patents on a wide array of medical uses for up to 7,500 newly discovered human genes. However, now that the human genome has been surveyed and is estimated to have just 35,000 to 45,000 genes, it may mean that more and more people are pursuing patent claims associated with the same genes. To make the matter more complicated, some uncertainty exists over the patentability of uses of gene fragments, and a highly important gene may, for instance, turn out to be covered by a patchwork of patents. Consequently, many of those who have applied for patents may discover that they have ultimately lost the race to the patent office.