
Contents
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Patents and Life Patents and Life
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Human Genes Human Genes
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The Human Genome Project The Human Genome Project
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Patenting of ESTs Patenting of ESTs
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Transgenic Animals Transgenic Animals
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Transgenic Plants Transgenic Plants
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Patenting of Animals, Plants, and Human Cells Patenting of Animals, Plants, and Human Cells
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In the United States In the United States
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In the European Patent Office In the European Patent Office
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The Biotechnology Patenting Directive The Biotechnology Patenting Directive
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Use Limitations on Gene Patents Use Limitations on Gene Patents
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Human Cell Lines Human Cell Lines
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Morality Issues Morality Issues
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Ordre Public and Morality Ordre Public and Morality
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Can Patent Office Examiners be Judges of Morality? Can Patent Office Examiners be Judges of Morality?
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Patents for Life: From Bacteria to the OncoMouse® Patents for Life: From Bacteria to the OncoMouse®
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Why Are Patents Being Targeted? Why Are Patents Being Targeted?
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15 Patenting of Genes, Plants, and Animals
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Published:December 2016
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Abstract
This chapter considers the law governing the patentability of human genes, plants, and animals. Here one can no longer stay at the objective level of scientific findings and patent laws, but must consider the broader issues of ethics, social policy, and politics. Many persons, for different reasons, are opposed to the granting of patents for living organisms; the same persons believe that someone who patents a human gene somehow acquires control of human life, or even of an individual from whose tissue the gene was isolated. Where the invention can be useful in the diagnosis or treatment of disease, the majority of the public may accept the need for such patents, but opposition to genetic modification of food crops and to patents on the resulting transgenic plants is more widespread.
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