The Fate of Gene Patents Under the New Utility Guidelines

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The United States Patent and Trademark Office (PTO) recently finalized its patent utility guidelines. Promulgated by the PTO, the new guidelines will be used by patent examiners in determining whether a claimed invention should be awarded patent protection ;and will be used by patent applicants and attorneys who file patent applications. The guidelines focus primarily on the utility standards for gene and gene fragment patents, an issue that was featured in the PTO’s 1999 Revised Interim Utility Guidelines and has been the subject of considerable public debate.

Cite: 2001 Duke L. & Tech. Rev. 0008

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