Chahine Commentary Argues for a “Technology-Agnostic” Approach to Gene Patents

A commentary by Kenneth Chahine in the December issue of the scientific journal Nature Biotechnology argues for the development of a “predictable legal framework” to aid courts in determining patent eligibility.

Chahine, a professor of law at the University of Utah S.J. Quinney College of Law, argues that the ongoing “debate over the validity of gene and diagnostic patents in the United States threatens to strip the incentives necessary to translate scientific findings from the bench to the bedside.”  The solution, he argues, lies in “[r]efocusing the legal reasoning for the natural products doctrine on the constitutional language,” which would provide “door to a new proposal for determining patent eligibility.”

Chahine’s Commentary is available here.