Patenting Life Page: 4 of 15
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02-24-88
ISSUE DEFINITION
On Apr. 7, 1987, the U.S. Patent and Trademark Office (PTO) issued a
policy finding (notice), stating for the first time that patents could be
issued for animals and other higher life forms developed through genetic
engineering. The notice explained that the 1980 Chakrabarty decision of
the U.S. Supreme Court, which held that genetically engineered bacteria
could be patented, also permitted patenting of higher life forms like
animals. This "patenting life" decision has touched off debate on many
issues, ranging from ethical and religious concerns about genetic
manipulations, to farmers' ownership rights to patented animals used in
agriculture. Legislation has been introduced that would place a
moratorium on the PTO decision to give policymakers time to sort out and
evaluate the possible ethical and economic implications. Congress had
already begun to evaluate the issues related to the PTO policy, and
several hearings have been held. As this consideration continues,
Congress may wish to examine (1) whether a moratorium will improve or
impede an evaluation of the implications, and (2) whether greater public
participation is needed before a policy is implemented.
BACKGROUND AND ANALYSIS
Commercial izat ion of Recombinant DNA
In the early 1950s, scientists Watson and Crick uncovered the
genetic code inside the cells of organisms that is responsible for
transmitting inherited traits from one generation to another. The
chemical that makes up that code is deoxyribonucleic acid (DNA). During
the 1960s and 1970s, discoveries were made in genetics, molecular biology
and other disciplines that have enabled scientists to isolate single genes
(the chemical code for a hereditary trait), analyze their chemical
structures, make copies of the gene, and make changes in the structure of
DNA. Together, these discoveries have given scientists the capability to
alter some features of the genetic code of organisms, endowing them with
novel traits that, in some cases, can be passed from one generation to the
next. The capability to manipulate and recombine the genetic code is
referred to as "recombinant DNA (rDNA) technology" or "genetic
engineering."
Gradually, the potential commercial applications of genetic
engineering have become evident. Cells contain sophisticated productivemachinery that synthesize a range of substances, including proteins useful
to the organism, according to the instructions contained in the genetic
code. Genetic engineers saw the potential to harness this manufacturing
capability to efficiently produce proteins for human use by altering the
genetic instructions that control it. Many proteins are complex molu,ules
that are not economically or technically feasible to make using
traditional methods of chemical synthesis. Before rDNA technology, the
only source of some important proteins, such as insulin used to treat
diabetes, was from slaughtered cattle or hogs. For other proteins, such
an animal extract would be ineffective in humans, or too costly to make it
a commercially viable product.IB87222
CRS-2
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Taylor, Sarah E. Patenting Life, report, February 24, 1988; Washington D.C.. (https://digital.library.unt.edu/ark:/67531/metacrs8519/m1/4/?q=%22Patents%22: accessed May 3, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.