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Sixty years ago, scientists first discovered DNA, the structure in which a person’s genes are encoded. Since then, our knowledge of the genome has revolutionized medicine. But when it comes to the U.S. legal system, important questions about what a gene is remain unsolved.
Here's one question: If a gene is patentable, does that mean a company can claim the rights to the gene's offspring?
The U.S. patent law was written in 1793, and it certainly didn’t take into consideration a biological invention that could make endless copies of itself. So when Vernon Bowman, a 75-year-old farmer, decided to save some cash and buy seeds from a bulk grain distributor (seeds that were arguably protected by a patent), did he break intellectual property law?
Here's another: Do law enforcement need a search warrant to take a sample of a person's DNA? When the state of Maryland swabbed the cheek cells of Alonzo King when he was booked for assault, were they violating his Fourth Amendment right to privacy, since those cells would be crucial in convicting him of a crime...
Here's one question: If a gene is patentable, does that mean a company can claim the rights to the gene's offspring?
The U.S. patent law was written in 1793, and it certainly didn’t take into consideration a biological invention that could make endless copies of itself. So when Vernon Bowman, a 75-year-old farmer, decided to save some cash and buy seeds from a bulk grain distributor (seeds that were arguably protected by a patent), did he break intellectual property law?
Here's another: Do law enforcement need a search warrant to take a sample of a person's DNA? When the state of Maryland swabbed the cheek cells of Alonzo King when he was booked for assault, were they violating his Fourth Amendment right to privacy, since those cells would be crucial in convicting him of a crime...