Animal patent turn – their approach allows animal patents to disrupt future pandemic research
Josh Saul, 5-1-2024, JD-2025, Fordham U, https://fordhamlawreview.org/issues/gene-patents-striking-the-right-balance-between-incentive-and-innovation/, "Gene Patents: Striking the Right Balance Between Incentive and Innovation – Fordham Law Review," No Publication (ermo/sms, Acc:6-28-2024)
Second, the proposal to only allow patenting of human genetic mutations circumvents issues over both basic scientific research as well as concerns over gene patents exacerbating the next global pandemic. The majority of basic research in the field of genetics involves the study of animal genes that, through evolution, share a function with human genes.327 By preventing animal genes from qualifying as patentable subject matter, basic genetic research can continue unobstructed. Likewise, by limiting gene patents to human genes, the genomes of pathogens like that of the SARS-CoV-2 virus would be ineligible for patent protection. Were the world to face another viral pandemic, no single researcher could attempt to patent the virus’s genome and then block others from working on it.