Only novel discoveries for genes can be patented – existing diagnostics would be excluded on novel or non-obvious determinations
Philip Johnson, 2024 - Chair of the Steering Committee of the Coalition for 21st Century Patent Reform, JD from Harvard. Patent and Trademark Office Senate Judiciary Subcommittee on Intellectual Property Holds Hearing on Patent Eligibility Restoration Act, Hearing Transcript, 1/24, proquest Congressional, accessed via University of Michigan //DH
PHILIP JOHNSON: Well listen, listening to Mr. Blaylock's discussion about the isolated gene, I heard an awful lot about conventional this and conventional that, and so on, which would say to me that those are novelty or obviousness concerns and it may very well be that the isolated gene and what is done with it turns out not to meet those.
And that should be enough. It's not -- what -- what we're worried about and -- and what he has already acknowledged is there are some very important things lurking in the genome that could be incredibly important for our well-being in the future. And we should want to incentivize people to look for it and to spend the time and energy and money that is needed in order to find it. And these things don't -- don't announce themselves.
This takes real hard work and insights and -- and real invention, and we should recognize that and when that happens, if those inventions or otherwise deserving, they should be patented.