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Article
Patenting the Fingerprint of God: How Gene Patents Violate the Products of Nature Doctrine
Liberty University Law Review (2010)
  • Timothy M Todd, Liberty University
Abstract
This article analyzes the current practice of patenting isolated and purified DNA sequences. The article argues that the “products of nature doctrine” does not allow the patenting of isolated and purified DNA sequences. In addition, the article argues that the United States Patent & Trademark Office has misconstrued the Supreme Court’s decision in Diamond v. Chakrabarty, which the PTO uses to justify its current stance on gene patenting. The article posits a new utility test for courts to use when analyzing biotechnological patents that will restore the products of nature doctrine and kept the hallmark cases of patent law unperturbed.
Publication Date
Fall 2010
Citation Information
Timothy M Todd. "Patenting the Fingerprint of God: How Gene Patents Violate the Products of Nature Doctrine" Liberty University Law Review Vol. 5 Iss. 1 (2010)
Available at: http://works.bepress.com/timothy_todd/2/