Limiting the Breadth of Patents in Relation to Genetic Material
35. This is a particular problem as it relates to gene sequences because of the requirement that in identifying one use for the gene the patent holder obtains property rights over all future uses of the gene until the patent expires.
36. We agree with the recommendations of the House of Commons' Select Committee on Science and Technology that a gene sequence should only be patentable in the context of a specific utility, and that the same sequence should be available for further patents by others in the context of other utilities rather than conferring rights over the gene itself.8
The granting of excessively broad patents may give undue reward for small contributions and may inhibit the speed of exchange of basic knowledge and the likelihood of development of useful products. The Ontario Report suggests "clearly defining the patentable subject matter to exclude broad-based genetic patents covering multiple potential uses and limiting patents to clear and well-defined specific uses".9
Comment
37. We would like to further examine whether the new patenting criteria can be strictly applied in order that it is no longer possible to obtain overly broad patents.
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