[Pharm-policy] USPTO on gene patents

[James Love]

---------- Forwarded message ----------
Date: Wed, 29 Mar 2000 19:57:47 -0500
From: Michael H. Davis <Michael.Davis@law.csuohio.edu>
To: lucas@humanism.org, upd-discuss@venice.essential.org
Subject: Re: [Upd-discuss] RAFI: gene patent mania


And the patent office has proudly, if not even arrogantly, announced in
response to the statements by the U.S. and U.K. that genes should not be
the subject of patents, that it has no intention of changing its policy of
issuing such patents.


PRESS RELEASE #00-17
 March 16, 2000
									   
       CONTACT:
									   
		 Brigid Quinn
									   
		 703-305-8341


			     US PATENT POLICY UNAFFECTED BY US/UK STATEMENT
ON 
					    HUMAN GENE SEQUENCE DATA 

The Patent and Trademark Office (PTO) reaffirmed today that United
States patent policy remains unaffected by Tuesday's historic joint
statement issued by the United States and the United Kingdom urging that
"raw fundamental data on the human genome...should be made freely
available to scientists everywhere."

"Genes and other genomic inventions remain patentable," said Q. Todd
Dickinson, Commissioner of Patents and Trademarks, "so long as they meet
the statutory criteria of utility, novelty and non-obviousness. Genes
and genomic inventions that were patentable last week continue to be
patentable this week, under the same set of rules," he added.

Separate and apart from Tuesday's agreement between the United States
and the United Kingdom, the PTO published on December 21, 1999 revised
interim guidelines related to the utility requirement for patent claims
on genomic and other biotechnological inventions. These guidelines,
which have been in use for some time, amplify and clarify the ground
rules for establishing patentable claims in this area. The 90-day public
comment period on the guidelines runs through March 22, 2000.

The Utility Guidelines, and the related Written Description Guidelines,
are available on the PTO web site, www.uspto.gov.

The PTO is the Commerce Department's user fee-funded bureau that
administers laws relevant to granting patents and registering
trademarks. The PTO also advises the Secretary of Commerce, the
President of the United States, and the Administration on patent,
trademark and copyright protection, and on trade-related aspects of
intellectual property. Over 6 million patents have been issued since the
first patent in 1790. Last year PTO issued 161,000 patents and
registered 104,000 trademarks.

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http://www.uspto.gov/web/offices/com/speeches/00-17.htm