GENE PATENTS WILL CONTINUE SAYS U.S. PATENT OFFICE Jan  8 2001

WASHINGTON--Copyrighting human genetic material will remain legal 
according to the U.S. Patent and Trademark Office. The agency released 
new guidelines meant to clarify the controversial practice of patenting 
genes. 

 The rules are intended to help end what has become a bitter debate over 
patenting genes - making it clear that companies may do so, though they 
can only patent whole genes, not just segments or sequences. 

 The new guidelines were barely changed from interim rules set a year 
ago, according to the Patent Office. 

 Owning nature 

 Critics of the patenting process say genes are a part of nature and not 
an invention, and therefore can't be patented. Others were concerned a 
person whose body includes a patented gene could be found guilty of 
patent infringement. 

 But these comments and other arguments were rejected by the Patent 
Office. It says the law clearly allows for genes to be patented, so long 
as those genes have been "cloned" or reproduced in the laboratory and 
their function is defined. 

 The Patent Office said the practice of patenting bits and pieces of 
nature was not new. They cite examples like Louis Pasteur's patent in 
1873, claiming, 'yeast, free from organic germs of disease, as an 
article of manufacture', and an early patent for adrenaline. 

 Companies have asked for patents on tens of thousands of human genes. 
One company, Human Genome Sciences, says it holds 159 patents on 
full-length genes, and has filed applications on more than 16,000 genes. 

 
Copyright © 2000 CBC All Rights Reserved