Molecular Biotechnology: Principles and Applications - Glick B., Pasternak J. 2002

Control of Research in Molecular Biotechnology and Patenting of Biotechnological Inventions
Patenting of Biotechnological Inventions
Patenting of Multicellular Organisms

The patenting of Multicellular Organisms also raises concerns of both an ethical and social nature. However, from the perspective of granting exclusive rights to living organisms, there is nothing fundamentally new here. Microorganisms have traditionally been patented, regulations have been established granting breeders rights to new plant varieties, the US and Europe have patented a transgenic mouse (the "oncomouse") carrying an activated Gene responsible for tumor formation, and plants obtained through Introduction/32.html">Genetic Engineering Methods are considered patentable inventions. Serious objections to the patenting of Transgenic Animals are based rather on moral considerations. In other words, the question is whether society considers the patenting of such animals acceptable or not. From a historical perspective, it is unlikely that purely ethical considerations could preclude the patenting of all transgenic animals. For example, if an invention relates to a novel method of human Treatment, then, According to the prevailing view, human rights and needs take precedence over the "interests" of animals. However, patenting is not an absolute right, and governments legally determine what is patentable and what is not. If various stakeholders believe that an invention could have a negative economic impact, for example on agriculture, it is entirely possible that the Structure/175.html">Implementation of the new technology will be prohibited by law. For instance, the Danish Parliament passed a law excluding animals from The Scope of intellectual property, meaning they are no longer eligible for patent protection.