Gene Patent Vs Plant Patent

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A patent is a legal document that gives the right to an inventor to use, sell, and manufacture an invention for a certain amount of time. There are different types of patents, some of which are Plant Patents and Utility patents. Plant Patents are patents given to somebody who invents or discovers and reproduces a new or distinct type of plant. Utility Patents are given to somebody to who invents or discovers a new machine, useful process, article of manufacture, or composition of matter. One of the most controversial patents out there is called a ‘Gene Patent’ and can be patented as a ‘composition of matter’. A gene patent gives the right of a specific gene to whomever claims to have discovered it first. Once given the rights to the gene, the …show more content…
The University of Michigan got a patent for the CFTR gene and its mutation gene F508, which causes a huge portion of cystic fibrosis cases. The patent was done with consideration of possible uses, such as; technological advances and the anticipation of future scientific discoveries. These features, and some others, have helped in the development of a patent that has allowed the holders to avoid the controversy that has built over other gene patents and have even allowed research, genetic testing and development of possible cures. This sort of licensing model used for the patent may not be applied to all gene patents, but it helps in serving as a model for a way that gene patenting can be done to successfully allow innovation and protecting property while respecting the needs of scientists, patients and public …show more content…
What is patented is information that is existing in nature and is not in fact invented. In fact DNA, which is organized into chromosomes and is then organized into genes, has been on earth long before humans, so how can it be possible to patent something that has been here before humans were? Well, genes used to be referred to as a composition of matter (something formed by the mixture of two or more things, and possesses properties that none of these ingredients have if they are in their separate state), and fell under the four principal categories of the United States patent law. However, in 2013 the Supreme Court ruled against gene patenting, and ruled that human genes cannot be patented as they are a product of nature,
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