The document discusses the patenting of genes and DNA sequences. It provides background on intellectual property and gene patents, including that a gene patent grants exclusive rights over a specific DNA sequence to the individual or organization that first identified it. The document then covers the history of gene patents and outlines four main purposes of gene patents: for diagnostics, functional use, processes, and composition of matter.

1. JSSINSTITUTE OF EDUCATION
SAKALESHPURA.
Topic; Patenting of Genes and DNA sequences
Presented By,
Nagma G.
S

2. } INTRODUCTION
} PATENTING 0F GENES AND DNA SEQUENCES
} HISTORY
} GENE PATENT PURPOSES
} SUMMARY
} REFERENCES
CONTENTS

3. PATENT
A patent is an exclusive right granted by a country to the owner of an
invention to make use, manufacture and market the invention.
This right implies that no one else can make use manufacture and
market that invention without the consent of the patent holder.
Patents represent a contract between an inventor and society.
Patents are a form of intellectual property.
INTRODUCTION

4. INTELLECTUAL PROPERTY
It is a legal term refers to creations of the mind. Intellectual property
rights usually give the creator an exclusive right over the use of his
or her creation for a certain period of time.
GRANTING PATENTS
A granted patent application must include one or more claims that
define the invention.
A patent may include many claims each of which defines a specific
property right.
These claims must meet relevant patentability requirements such as
novelty usefulness and non obviousness.
The exclusive right granted to a patentee in most countries is the right
to prevent others from commercially making using selling importing
or distributing a patented invention without permission.

5. PATENTING OF GENES AND DNA SEQUENCES
A gene patent is the exclusive rights to a specific
sequence of DNA given by a government to the individual
organization or corporation who claims to have first identified
the gene.
Once granted a gene patents, the holder of the patent dictates
how the gene can be used in both commercial settings such as
clinical, genetic testing and in commercial settings, including
research for 20 years from the date of the patent, gene patents
have often resulted in companies having sole ownership of
genetic testing for patented genes.

6. } In June 2000 the human genome project announced that the
human genome was almost completely mapped.
} Since then individuals and groups both private and public
have been requesting patents for genes and ESTs(Expressed
Sequence Tags) which are small pieces of genes fragments.
} The earliest genetic patents were issued in 1982 following the
U.S supreme court case of Diamond Vs Chakrabarty which
opened the door to patenting Biotechnology discoveries,
HISTORY

7. } Submitted an application to the US patent office in 1972 for a
strain of Bacterium Pseudomonas.
} The novel bacteria were intended to clean up oil spills in water by
degrading the crude oil.
} Cana van disease is an inherited disorder that effects the children
starting at 3 months; they cannot crawl or walk become paralyzed
and die by adolescence.
} Formally there was no test to tell parents if they were at risk.
Families enduring the Heart break of caring the children engaged
a researchers to identify the gene and produce a test.

8. } Cana van families around the world donated tissues. When the
gene( mutation in the ASPA gene cause can van disease) was
identified in 1993 the families got the commitment of a Newyork
hospital to offer a free test to anyone who wanted it. But the
researchers employer Miami children's hospital Research Institute
patented the gene.

9. It breakdown generally into 4 categories
§ Diagnostics
§ Functional use
§ Process
§ Composition of matter
GENE AND DNA SEQUENCE PURPOSES

10. } These patents might present on a single gene but more often than
not, they are on a process involving genetic material or on a small
strand of linked genes, and they generally focus on the parts of
genes involved in the production of proteins.
} In 1984 Human cell line producing Cancer fighter proteins was
isolated from the body of the patient ‘Moore’.
} Patent has been granted on DNA sequence coding Human protein
Erythropoietin(EPO) on the protein itself.(Erythropoietin is a
protein that boosts red blood cell production).

11. } Patents on Chimeric gene (Combination of human gene and animal
gene) has been granted.
} Patent on DNA and RNA for human insulin like growth factors
(Mediation of somatic cell growth on the administration of growth
hormone).
} Patent on DNA and cDNA encoding Heparin binding growth factors
and HBGF stimulate cell division and facilitate the repair or
replacement of damaged or diseased tissue.
} Now patents on methods to isolate human genetic material and also
on proteins produced by human genetic material are allowed.
} Patents has been granted for producing foreign Protein in
transformed species of Bacteria.

12. DNA sequences patents;
EPO : European patent office
USPTO : United states patent and Trademark office
JPO : Japan patent office

13. DIAGNOSTICS:
When it comes to diagnostics gene researchers are looking to
patent methods that test for genetic differences or abnormalities.
These types of patents are occasionally referred to as disease gene
patents, because they are most often associated with spotting
genetic markers involved in alignments such as cancer and cystic
fibrosis. Things get complicated in this category of gene patents
because one gene can analyze different genes for the same disease
and all of the different combinations of engineered mutations and
tests can be patented.

14. FUNCTIONAL USE:
It use patents stem from research that discovers the roles played
by various genes in causing disease in the body or regulating
bodily functions.
These patents are typically issued for drugs which effect the
functioning of genes.

15. PROCESS:
Process patents are relatively self explanatory and are used to
protect a method by which genes are extracted or extracted or
manipulated. In the surrounding gene patenting, these types of
gene patents are relatively Benign, as they patent a process rather
than the actual human genetic material.

16. COMPOSITION OF MATTER PATENTS:
This patent is filed to protect inventions that generally stem from
combining different genetic material and are typically filed for
drugs and vaccines such as insulin and human growth hormone.
This type of patents is at the heart of much of the legal
controversy surrounding genetic patents.

17. § A gene patent is the exclusive right to a specific sequence of DNA
given by the government to the individual organization or
corporation who claims to have first identified gene.
§ In the united states, patents on genes have only been granted on
isolated gene sequences with known functions and these patents
cannot be applied to the naturally occurring genes in Humans or any
other naturally occurring organisms.
§ The supreme court decision rules that cDNA is patentable what it
means for research and genetic testing. In a unanimous decision the
supreme court ruled that naturally occurring genes are not patentable
but said that court cDNA a man made copy of genetic messenger in
cells is patentable.
SUMMARY

18. o
http://Science.howstuffworks.Com/life/genet
ic/Gene -patent3.htm
o http://en.wikipedia.org/wiki/Biological-
patent
REFERENCES