Patentability of Human Genes and Living Organisms: Principles of a Possible International Understanding

Abstract

We have been asked by the organizers to suggest possible principles of an international understanding concerning the patentability of living organisms and human genes. After the extensive discussions of the last two days, this is really no easy task. We are confronted here with several, highly controversial issues, as it has once more become obvious during the present workshop. The debate on the challenges to patent law posed by biotechnology has now been going on for some time. The famous Craig Venter patent application of the NIH claiming inter alia a great number of human cDNA-sequences of unknown function has added new fuel to this debate.¹ Critical comments raised by the scientific community as well as industry circles found their way into the public opinion. Even an international agreement forbidding the patenting of human gene sequences of unknown utility has been proposed.² However, the growing awareness of the general public concerning the patenting of biological entities stands, at times, in strange contrast to the frequent lack of interest of politicians, top industry managers as well as scientists, towards patent law.³ This is the main reason for many misconceptions about basic features of this very special field of law.