Abstract

While debate continues as to whether genetic sequences, which many argue represent natural phenomena rather than inventions, should be subject to standard patent protections, issuance of patents that claim DNA sequences remains common practice. In an attempt to insulate researchers from patent claims that could hinder scientific progress, many countries have provided general exemptions for scientific research. However, there is no international consensus about the extent of required protections, and even existing exemptions vary widely in clarity and are limited in practical application. We believe that gene patents raise several unique issues that are inadequately handled by the current research exemptions.

Author affiliations

1. Jordan Paradise is in the Consortium on Law and Values in Health, Environment & the Life Sciences, University of Minnesota Law School, 229 19th Avenue South, N140, Minneapolis, Minnesota 55455, USA.
   Email: paradise@umn.edu
2. Christopher Janson is at The National Endowment for Alzheimer's Research foundation, BOX 772, Fairfield, Connecticut 06824, USA.
   Email: janson@memorymatters.org

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