Patenting creates research bottlenecks
Jorge L. Contreras (Contact Author), 2-15-2021, University of Utah - S.J. Quinney College of Law https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3808319, "COVID-19 as an Example of Why Genomic Sequence Data Should Remain Patent Ineligible," No Publication (ermo/sms, Acc:6-28-2024)
Composition of Matter Patents Preempt all Uses of a Sequence
Because patents can claim genomic sequences as new “compositions of matter” (like polymers or metallic alloys), they preempt all possible uses of the patented sequences, whether or not envisioned by the patent holder (Contreras, 2020). The Supreme Court correctly recognized in Myriad that genomic sequences of biological organisms are not new forms of matter, even if they are isolated and purified in the laboratory. Reversing this holding would again allow individual patent holders to control all uses of a particular genomic sequence, thereby creating significant bottlenecks to effective research and development and granting patent holders a windfall with respect to applications of a discovery that they did not actually make.