Patents – the Starting Gun in the Race for the Human Genome

Abstract

The race to sequence the human genome between the federal government’s Human Genome Project and the private firm Celera Genomics is one of the most fascinating tales in the history of science. This paper explores the role that the prospect of obtaining patents on these DNA sequences played in stimulating that race. It then examines different policy rationales for and against DNA sequence patents. In doing so, two competing goals rise to the surface – incentivizing the creation of downstream products versus maintaining an open and cordial research environment. Finally, the paper explores how the current law deals with these objectives and suggests a number of possible changes to strike a better balance.