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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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The CCR5 Patent and Intellectual Property Law

The CCR5 Patent and Intellectual Property Law

(p.61) 4 The CCR5 Patent and Intellectual Property Law
The Genealogy of a Gene

Myles W. Jackson

The MIT Press

Using the CCR5 patent as a guide, this chapter analyses how various legal precedents based on chemistry have proven to be inappropriate to genes. Gene patents are controversial not simply because of their eligibility for intellectual property protection. This patent is particularly interesting because it occurred at a time when the status of patenting genes was being renegotiated, when the accuracy of computer sequencing for determining function and utility of a gene product was being challenged, when the role of utility-based patents to downstream research was being debated, and when the nature of the deposited object and its written specification were being defined.

Keywords:   gene patents, sequence homology, written description, broad utility claims, National Institutes of Health, United States Patent and Trademark Office, Biotechnology Industry Organization (BIO)

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