Patenting Animal Genetic Inventions

The Ethics of Patenting Animal Genetic Inventions-

NCCR PhD Workshop 2007-

Michelangelo Temmerman

Introduction• What is a Patent?

• Patentability of Animal Biological Material:

– Article 27 TRIPs Agreement– European Patent Office– United States– Canada

Animal Gene Sequences

• Isolation into laboratory form + function = Patentable

• Patent on information or patent on a biological substance?

• Scope of gene sequence patents: limited to laboratory form or extending to the organisms in which they are incorporated?

Ordre Public & Morality

• European concept: inexistent in the US and Canada:

Article 53 (a) EPC, Shall not be patentable: “inventions the publication or exploitation of which would be contrary to “ordre public” or morality, provided that the exploitation shall not be deemed to be so contrary merely because it is prohibited by law or regulation in some or all of the Contracting States”. (emphasis added)

• EPO: Balancing test evaluating the ‘likely’ suffering of animals v. ‘any’ medical benefit (Cf. Oncomouse)

• Ordre Public?

Questions

• Is the ordre public/morality concept relevant anyway given the (limited) nature of patents?

• Is the (commercial) exploitation of (certain) transgenic animals immoral?

• Is the (commercial) exploitation of (certain) transgenic animals contrary to the ordre public?