Like Science put in a story on the issue:
Any student qualified graduate can take a protein known and come to the nucleotide sequence encoding it. Does this mean the gene code is clear, in a legal sense, and therefore can not be patented?
Friday, in a little noticed at the power of nature to make them more difficult to obtain biotechnology patents in the future, a federal appeals court in Washington, DC, responded with a yes final.
The court stated that an invention owned by Amgen Inc. in Thousand Oaks, California, was so obvious to be patentable. The invention, first discovered by Immunex scientists near Seattle, Washington and sold to Amgen, was the sequence of a gene for the NAIL protein, important in the human immune response. But those who opposed patent argued that he did not know original work on the gene code. The Appeals Court of the United States for the Federal Circuit agreed with the skeptics. The judges backed an earlier decision by the US patent office (in one case known In re Kubin ), dismissing what the court called an "alleged discovery. "the decision of the court is one of many signs that claims based on gene sequences get a much more difficult test now than in the past.
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