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9 J. High Tech. L. 52 (2009)
Gene Protection: How Much is too Much - Comparing the Scope of Patent Protection for Gene Sequences between the United States and Germany

handle is hein.journals/jhtl9 and id is 52 raw text is: GENE PROTECTION: HOW MUCH IS TOO MUCH? COMPARING THE SCOPE OF PATENT PROTECTION FOR GENE SEQUENCES BETWEEN THE UNITED STATES AND GERMANY Erin Bryan* Cite as 9 J. HIGH TECH. L. 52 (2009) 1. Introduction The drive to map the human genome and identify genes led to the establishment of the Human Genome Project (HGP).1 The HGP estimates that the human genome consists of 20,000 to 25,000 genes.2 The U.S. Patent and Trademark Office (USPTO) issues thousands of patents for human genes identified by HGP and it is reasonable to believe that this trend will continue as the HGP isolates and identifies more human genes.' This increase in intellectual property protection for human genes is not only evident in the United States, but also is found in many other countries, and in the European Union (EU).4 In the EU, disputes arise as to the extent of protection given for human genes mainly due to the belief that living matter does not qualify for patent protection. This Note explores the patentability requirements for human genes in the United States, the EU, and Germany. The first part of this Note sets forth background information on deoxyribonucleic acid (DNA) and human genes. Erin Bryan is a third year law student at Suffolk University Law School. 1. http://'www.ornl.govlsciltechresources/Human Genome/project/about.shtnl archived at http://www.webcitation.org/5WCQFrOj8. 2. Id. 3. Lynne C. Tyler, Genes and 35 U.S.C. §101: Are DNA Sequences Corresponding to Genes Patentable Subject Matter?, 19 NO. 6 INTELL. PROP. & TECH. L.J. 16 (2007). Scientists estimate that through 2005 the USPTO issued over 2,000 patents covering approximately one-fifth of all human genes. Id. at 16. See also Kyle Jensen & Fiona Murray, Intellectual Property Landscape of the Human Genome, 310 SCIENCE 239 (2005) (examining arguments for the patentability of human genes). Along with the increasing numbers of patents on protein encoding genes, there is also an increase in the number of patents for non-protein encoding genes. Id. at 239. 4. See Samantha A. Jameson, A Comparison of the Patentability and Patent Scope of Biotechnological Inventions in the United States and the European Union, 35 AIPLA Q.J. 193, 196 (2007) (describing rapid expansion of intellectual property for biotechnology). 5. Ingrid Schneider, Civil Society Challenges Biopatents in the EU, PROPEUR NEWSL. (Prop. Reg. Eur. Sci., Ethics & L. Project, Birmingham, U.K.), Summer 2005 at 3. Germany and France both expressed reservations with regard to the EU legislation on patenting biotechnology. Id. Copyright C 2009 Journal of High Technology Law and Erin Bryan. All Rights Reserved. ISSN 1536-7983.

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