DNA as patentable subject matter and a narrow framework for addressing the perceived problems caused by gene patents

Concerns about the alleged harmful effects of gene patents--including hindered research and innovation and impeded patient access to high-quality genetic diagnostic tests--have resulted in overreactions from the public and throughout the legal profession. These overreactions are exemplified by Association for Molecular Pathology v. U.S. Patent and Trademark Office, a 2010 case in the Southern District of New York that held that isolated DNA is unpatentable subject matter under 35 U.S.C. § 101. The problem with these responses is that they fail to adequately consider the role that gene patents and patents on similar biomolecules play in facilitating investment in the costly and risky developmental processes required to transform the underlying inventions into marketable products. Accordingly, a more precisely refined solution is advisable. This Note proposes a narrowly tailored set of solutions to address the concerns about gene patents without destroying the incentives for companies to create and commercialize inventions derived from these and similar patents.     

An examination of Article 27 of the TRIPS Agreement in relation to the provisions on patentable subject matter under the PDA in Nigeria

Article 27 of the TRIPS Agreement remains the most controversial provision of the TRIPS Agreement. This provision on patentable subject matter stipulates what is permissible under patent law. This article evaluates the Patent and Designs Act by considering the extent of compliance of the Act as provided by the TRIPS Agreement. To this end, the paper proceeds in four parts excluding the introduction. In the first section, it situates the discussion within the general framework of Patent and Designs Act. The next section, turns to an examination of the compliancy of the law. Finally, in the fourth and fifth sections, it analyses the modifications necessary against the backdrop of the examination carried out in the previous section. In the concluding section, a summary of the compliance of the law in relation to the TRIPS Agreement is provided.