Gene sequences may now be more easily patented in light of a new ruling
This is a preview of subscription content, access via your institution
Access options
Subscribe to this journal
Receive 12 print issues and online access
$209.00 per year
only $17.42 per issue
Buy this article
- Purchase on Springer Link
- Instant access to full article PDF
Prices may be subject to local taxes which are calculated during checkout
References
Since its creation a dozen years ago, the Federal Circuit has been a centralized court of appeals for issues of patent law. The court hears appeals from the PTO in patent prosecutions and from District Courts in patent infringement cases. Decisions of the Federal Circuit set the legal standards, unless and until the U.S. Supreme Court addresses a particular issue.
51 F.3d 1552, 34 U.S.P.Q.2d 1210 (Fed. Cir. 1995) (Deuel II)
Other requirements must be met for patentability, but this article addresses only the “nonobviousness” requirement.
991 F.2d 781 (Fed. Cir. 1993).
991 F.2d at 783.
Weismann, S., et al. Method for Cloning Genes. U.S. Patent 4,394,443. Bell, 991 F.2d at 783.
991 F.2d at 784.
33 U.S.P.Q.2d 1445 (Bd. Pat. App. Int. 1993) (Deuel I)
In re Deuel, 34 U.S.P.Q. 2d 1210.
Deuel II, 34 U.S.P.Q. 2d at 1215.
However, these claims must be enabled. Deuel II, 34 U.S.P.Q. 3d at 1216.
Sahara, M. 1994. Genome business is growing. Nikkei Biotechnology, Dec. 14, 1994, p.64.
Cohen, M.M., and Emanuel, B.S. 1994. Expressed sequence tags. Science 266: 1790–91.
Anticipation of a claim is established when a prior art reference provides an enabling disclosure of each and every element of the claim, expressly or inherently. 35 U.S.C. § 102.
Deuel II, 34 U.S.P.Q. 2d at 1215.
Author information
Authors and Affiliations
Rights and permissions
About this article
Cite this article
Yablonsky, M., Hone, W. Patenting DNA Sequences. Nat Biotechnol 13, 656–657 (1995). https://doi.org/10.1038/nbt0795-656
Issue Date:
DOI: https://doi.org/10.1038/nbt0795-656
