PATENTS ON RANDOM COMPLEMENTARY-DNA FRAGMENTS

The proposal by the National Institutes of Health (NIH) to patent products resulting merely from sequencing the human genome is a mistake: at worst, it is wrong in patent law; at best, it relies on deficiencies in law concerning what is "useful" as a requirement for patents. The proposal is symptomatic of a problem besieging biotechnology-attempts to control the raw material of scientific experimentation before research has determined the practical value of such material-that needs curing on many fronts. Corrective measures are proposed for adoption by the Executive branch, the Congress, and the courts.