Patents and Genome-Wide DNA Sequence Analysis: Is It Safe to Go into the Human Genome?

Robert Cook-Deegan, Subhashini Chandrasekharan

Research output: Contribution to journalArticle

7 Citations (Scopus)

Abstract

Some claims in patents on individual genes and methods of detecting variations appear to be infringed by whole-genome and all-exome sequencing and genomic analysis. But what is the real risk of infringement liability? The risk is probably low. This is partly because it will rarely make sense to sue, but also because the patent-holder may well lose if they do sue. Courts have recently narrowed standards of patentable subject matter, invalidating broad method claims and DNA-based claims for sequences that would be found in nature. Moreover, claims broad enough to cover WGS are likely to be invalid on other grounds, and not worth risking a lawsuit to enforce.

Original languageEnglish (US)
Pages (from-to)42-50
Number of pages9
JournalJournal of Law, Medicine and Ethics
Volume42
Issue numbers1
DOIs
StatePublished - Sep 1 2014
Externally publishedYes

Fingerprint

Patents
Human Genome
DNA Sequence Analysis
Genome
Exome
DNA
Genes

ASJC Scopus subject areas

  • Health Policy
  • Issues, ethics and legal aspects

Cite this

Patents and Genome-Wide DNA Sequence Analysis : Is It Safe to Go into the Human Genome? / Cook-Deegan, Robert; Chandrasekharan, Subhashini.

In: Journal of Law, Medicine and Ethics, Vol. 42, No. s1, 01.09.2014, p. 42-50.

Research output: Contribution to journalArticle

@article{5a990f52da08452c8711da4166bf53fd,
title = "Patents and Genome-Wide DNA Sequence Analysis: Is It Safe to Go into the Human Genome?",
abstract = "Some claims in patents on individual genes and methods of detecting variations appear to be infringed by whole-genome and all-exome sequencing and genomic analysis. But what is the real risk of infringement liability? The risk is probably low. This is partly because it will rarely make sense to sue, but also because the patent-holder may well lose if they do sue. Courts have recently narrowed standards of patentable subject matter, invalidating broad method claims and DNA-based claims for sequences that would be found in nature. Moreover, claims broad enough to cover WGS are likely to be invalid on other grounds, and not worth risking a lawsuit to enforce.",
author = "Robert Cook-Deegan and Subhashini Chandrasekharan",
year = "2014",
month = "9",
day = "1",
doi = "10.1111/jlme.12161",
language = "English (US)",
volume = "42",
pages = "42--50",
journal = "Journal of Law, Medicine and Ethics",
issn = "1073-1105",
publisher = "Wiley-Blackwell",
number = "s1",

}

TY - JOUR

T1 - Patents and Genome-Wide DNA Sequence Analysis

T2 - Is It Safe to Go into the Human Genome?

AU - Cook-Deegan, Robert

AU - Chandrasekharan, Subhashini

PY - 2014/9/1

Y1 - 2014/9/1

N2 - Some claims in patents on individual genes and methods of detecting variations appear to be infringed by whole-genome and all-exome sequencing and genomic analysis. But what is the real risk of infringement liability? The risk is probably low. This is partly because it will rarely make sense to sue, but also because the patent-holder may well lose if they do sue. Courts have recently narrowed standards of patentable subject matter, invalidating broad method claims and DNA-based claims for sequences that would be found in nature. Moreover, claims broad enough to cover WGS are likely to be invalid on other grounds, and not worth risking a lawsuit to enforce.

AB - Some claims in patents on individual genes and methods of detecting variations appear to be infringed by whole-genome and all-exome sequencing and genomic analysis. But what is the real risk of infringement liability? The risk is probably low. This is partly because it will rarely make sense to sue, but also because the patent-holder may well lose if they do sue. Courts have recently narrowed standards of patentable subject matter, invalidating broad method claims and DNA-based claims for sequences that would be found in nature. Moreover, claims broad enough to cover WGS are likely to be invalid on other grounds, and not worth risking a lawsuit to enforce.

UR - http://www.scopus.com/inward/record.url?scp=84907882072&partnerID=8YFLogxK

UR - http://www.scopus.com/inward/citedby.url?scp=84907882072&partnerID=8YFLogxK

U2 - 10.1111/jlme.12161

DO - 10.1111/jlme.12161

M3 - Article

C2 - 25298290

AN - SCOPUS:84907882072

VL - 42

SP - 42

EP - 50

JO - Journal of Law, Medicine and Ethics

JF - Journal of Law, Medicine and Ethics

SN - 1073-1105

IS - s1

ER -