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Please use this identifier to cite or link to this item: http://hdl.handle.net/1807/30583

Title: An "Obvious" Proposal - Using An Industry Sensitive Doctrine of Obviousness to Govern the Scope of Gene Patents After Association for Molecular Pathology v. USPTO
Authors: Engle, Sarah Noelle
Advisor: Katz, Ariel
Department: Law
Keywords: Law, Patents, Biotechnology, Gene Patent, Obviousness, Patentable Subject Matter
Issue Date: 7-Dec-2011
Abstract: Currently there are approximately 20,000 valid gene patents in the United States. The debate regarding biotechnology and patent law has reached a pinnacle over the patentability of genes. Biotech is fighting a patentability war on two fronts. The Court of Appeals for the Federal Circuit cannot agree regarding the touchstone of patentability for genes; two branches of the Executive are at odds over whether gene sequences qualify under 35 U.S.C. §101. Recent U.S. Supreme Court and Federal Circuit jurisprudence also undermine the patentability of genes as obvious. This thesis argues that the patentable subject matter debate fails to adequately address the goals of patent policy in fostering innovation. Looking to Canadian and U.K. jurisprudence, it is possible to hone an approach to obviousness that addresses the ethical and research concerns in the patentable subject matter debate while fostering investment and patent protection for non-obvious biotech discoveries.
URI: http://hdl.handle.net/1807/30583
Appears in Collections:Master

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