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
N1 - Publisher Copyright:
© 2014 American Society of Law, Medicine & Ethics, Inc. 42 s1 Fall 2014 10.1111/jlme.12161 Symposium Articles Symposium Articles © 2014 American Society of Law, Medicine & Ethics, Inc.
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
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U2 - 10.1111/jlme.12161
DO - 10.1111/jlme.12161
M3 - Article
C2 - 25298290
AN - SCOPUS:84907882072
SN - 1073-1105
VL - 42
SP - 42
EP - 50
JO - Journal of Law, Medicine and Ethics
JF - Journal of Law, Medicine and Ethics
IS - s1
ER -