Participants

In order to discuss the issues around intellectual property rights and synthetic biology, we met with:

• Jakob Krag Nielsen, IP lawyer at Rønne & Lundgren
• Michael Cohen, IP lawyer at Gray Plant Moody
• Thomas Tscherning, director at TTO of Aarhus University

Our discussion focused around the impact that the recent Myriad Genetics US Supreme Court ruling would have on synthetic biology.

Myriad Genetics Ruling Summary

This ruling states that while naturally occurring human genes cannot be patented, cDNA which is derived from a human gene can be.

Discussion

Why aren't genes subject to copyright instead of patent law?

Jakob: According to IP law in Denmark, technology can only be patented, it cannot be copyrighted. Michael: In the US, no one has tried to copyright genes, but it could be possible.

The ruling was applied only to the non-patentability of human genes; is it reasonable to expect that it will be extended to all natural genes?

All: Not going to speculate

Are the mutants that we are creating patentable?

Jakob: Recombining genes in a novel order is sufficient modification to expect that a patent would be granted

Is this ruling in the best interest of society?

Michael: At the end of the day, funding for genetic research is not going away.

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