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The Genealogy of a GenePatents, HIV/AIDS, and Race$
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Myles W. Jackson

Print publication date: 2015

Print ISBN-13: 9780262028660

Published to MIT Press Scholarship Online: September 2015

DOI: 10.7551/mitpress/9780262028660.001.0001

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Gene Patenting and the Product-of-Nature Doctrine

Gene Patenting and the Product-of-Nature Doctrine

(p.39) 3 Gene Patenting and the Product-of-Nature Doctrine
The Genealogy of a Gene

Myles W. Jackson

The MIT Press

This chapter traces the CCR5 gene’s intellectual property lineage. It discusses how genes became patentable in the United States by offering a history of patent law, particularly cases that have been cited as precedents for gene patenting. One of those cases, known as the “adrenalin patent”, was upheld by Judge Learned Hand in 1911 with a view to assist US pharmaceutical companies against their German rivals. Many argue that genes are not patent eligible due to the so-called product-of-nature doctrine. It turns out that the history of patenting products of nature is convoluted, and those who wish to unearth a clear trajectory or stance will be disappointed.

Keywords:   history of US patent law, gene patents, patenting biological entities, product-of-nature doctrine, adrenalin patent, Diamond-v.-Chakrabarty

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