PRESS RELEASE
#00-17
March 16, 2000 |
CONTACT: |
Brigid Quinn
703-305-8341 |
US PATENT POLICY UNAFFECTED BY US/UK STATEMENT ON
HUMAN GENE SEQUENCE DATA
The Patent and Trademark Office (PTO) reaffirmed today that United States patent policy remains unaffected by
Tuesday's historic joint statement issued by the United States and the United Kingdom urging that "raw fundamental
data on the human genome...should be made freely available to scientists everywhere."
"Genes and other genomic inventions remain patentable," said Q. Todd Dickinson, Commissioner of Patents and Trademarks,
"so long as they meet the statutory criteria of utility, novelty and non-obviousness. Genes and genomic inventions that
were patentable last week continue to be patentable this week, under the same set of rules," he added.
Separate and apart from Tuesday's agreement between the United States and the United Kingdom, the PTO published on
December 21, 1999 revised interim guidelines related to the utility requirement for patent claims on genomic and other
biotechnological inventions. These guidelines, which have been in use for some time, amplify and clarify the ground rules
for establishing patentable claims in this area. The 90-day public comment period on the guidelines runs through
March 22, 2000.
The Utility Guidelines, and the related Written Description Guidelines, are available on the PTO web site,
www.uspto.gov.
The PTO is the Commerce Department's user fee-funded bureau that administers laws relevant to granting patents and
registering trademarks. The PTO also advises the Secretary of Commerce, the President of the United States, and the
Administration on patent, trademark and copyright protection, and on trade-related aspects of intellectual property.
Over 6 million patents have been issued since the first patent in 1790. Last year PTO issued 161,000 patents and
registered 104,000 trademarks.
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