Are natural gene sequences patentable?
The title question is answered in the affirmative. The patentability of natural gene sequences is based on general principles of patent law, and depends on novelty, inventive steps and industrial applicability of the subject matter to be patented. Patentability is further confirmed by the particular articles of the European Patent Convention and the recent EC Directive on the legal protection of biotechnological inventions.
Becker
K B
KB
Patent and Trademark Department, Novartis Services AG, Basel, Switzerland. konrad.becker@sn.novartis.com
D001483:Base Sequence; D005062:European Union; D005796:Genes; D005818:Genetic Engineering / Q000331:legislation & jurisprudence; D006801:Humans; D010330:Patents as Topic / Q000331:legislation & jurisprudence*; D014481:United States