Is the Patent Office Forcing Race into Biotechnology Patents?
By Jonathan Kahn, Biopolitical Times guest contributor
| 06. 14. 2011
A review of recent patent applications to the United States Patent and Trademark Office (PTO) has uncovered a highly problematic new practice: PTO examiners are requiring applicants to include racial categories in the claims sections of some biotechnology patent submissions, where they provide the basis for subsequent research, development, and marketing of products developed from the patent.
In a recent article in Nature Biotechnology, I explore the general contours of this phenomenon, which first came to light in a December 2008 presentation by PTO Quality Assurance Specialist Kathleen Bragdon titled “A Look at Personalized Medicine.” Taking an example of a treatment for breast cancer, the presentation argued that in cases where effectiveness for all races was not established, “a scope of enablement rejection must be considered.” In other words, the patent could cover only those racial groups that had been included in the underlying study. The implication was that race must be considered a genetically salient factor in biotechnology patent applications.
The critical responses Bragdon’s presentation prompted could have led the PTO to reconsider the relevance...
Related Articles
By Annalee Armstrong, BioSpace | 09.11.2024
Complex gene therapies are starting to hit the market but all have faced the same reality: a tepid reception from the healthcare system and a cloudy path to profitability.
It can take about a year for a patient to go...
By Julia Brown, The Conversation | 08.16.2024
With their primary goal to advance scientific knowledge, most scientists are not trained or incentivized to think through the societal implications of the technologies they are developing. Even in genomic medicine, which is geared toward benefiting future patients, time and...
By Smriti Mallapaty, Nature | 09.11.2024
Under his microscope, Jun Wu could see several tiny spheres, each less than 1 millimetre wide. They looked just like human embryos: a dark cluster of cells surrounded by a cavity, and then another ring of cells.
But Wu, a...
By Antonio Regalado, MIT Technology Review | 08.22.2024
In 2016, I attended a large meeting of journalists in Washington, DC. The keynote speaker was Jennifer Doudna, who just a few years before had co-invented CRISPR, a revolutionary method of changing genes that was sweeping across biology labs because...