Genetic Patient Reform in the United States: The Growing Problem with § 101

Authors

Abigail Carlson, Fordham University

Abstract

With revolutionary findings in the biomedical industry growing exponentially, patents are more crucial than ever in crediting researchers for their property. Many of these patents are of genetic material which have rattled the fabric of trademark law. This paper aims to assess § 101 of the Patent Act and where genetic patents fall under the existing clauses. While most genetically modified patents have been upheld in the courts, precedent has established that there has to exist a certain degree of modification to the material to maintain the patent. This is because genetic material falls under the exception of the laws of nature.

Because there are no concrete requirements of what modifications count as “new material” under § 101 of the Patent Act, there has become a need for legislatures to add more clear and detailed requirements of what defines a new invention or discovery. New requirements need to be made under this section so that researchers can continue and be credited for their achievements, but also protect companies from an unequal distribution of patents in the field. The importance of this change benefits the American people by ensuring that their own genetic makeup is not property of a company.

Recommended Citation

Abigail Carlson, Genetic Patient Reform in the United States: The Growing Problem with § 101, 1 Fordham Undergrad. L. Rev. (2019).
Available at: https://research.library.fordham.edu/fulr/vol1/iss1/5