Analysis Of The Gower Review Of Intellectual Property Reported

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1. Introduction: Biotechnology Invention.
The Gower Review of Intellectual Property reported that in 2006 that almost 20 percent of human gene DNA sequences had been patented; 4,382 out of the 23,688 known human gene. There is indeed a dramatic increase in the number of gene patented.

The statistics showed above had raised several type of argument on the patentability of the biological materials, or more specifically on human gene. First, how a human gene can be patentable, while the gene sequenced was not more than a discoveries rather than a invention? Secondly, is it appropriate to grant a monopoly on genetically engineered organisms? Last but not forgotten, if it remained patentable, what is the optimal policy to ensure that
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The Association for Molecular Pathology had agitated against the existence and exclusive licensing of the gene patent because of various kinds of legal threats to the medical practice. And this lead to the landmark decision of the case Association for Molecular Pathology v. Myriad Genetics Inc. in the U.S. Supreme Court. In this case, Myriad Genetic and University of Utah Research Foundation, which holding the BRCA1 gene patent previously, claimed that the work of isolating the DNA from the body should made patentable. The Court of Appeal, making the gene patentable, reversed the District Court’s decision. The Association for Molecular Pathology then appealed to the U.S. Supreme Court. Considering the decision made in Mayo Collaborative Services v Prometheus Laboratories Inc. , the requirement of making the natural phenomena patentable was now stricter, with more restrictive rules.

3.1 What is Patent?
According to World Intellectual Property Organisation, patent is an exclusive right granted for an invention, which is a product or a process that provides a new way of doing something, or offers a new technical solution to a problem. The invention potentially owned an economical value, and the patent granted was limited to twenty years to make, use and sell the patented invention. As a pay back, the owner of the patent must publish the technical information about the invention to the public.

3.2 Patent Law

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