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The Patentability of Gene Sequences

This article was originally published in Start Up

Executive Summary

A great deal of confusion has arisen over the statements by Bill Clinton and Tony Blair concerning the patentability of genes and other nucleic acid sequences and the rights of the government to own the results of research which it funds. An inventor funded by the US government is entitled to own and file patent applications on the inventions which results from his research. And patent protection is available in the US for nucleic acid sequences, including genes, ESTs, and partial sequences, and the proteins which these sequences encode, subject to a few well-understood requirements and limitations.

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