ABSTRACT
A utilitarian argument is most often given in attempting to justify the patent system or its extension to a new industry. Normally the extension of the patent system to a new technological discipline may be assumed. This chapter argues that there are good reasons to be concerned about the application of patenting to the field of biotechnology. There is a distinction between objecting to the suffering of research animals, and objecting to the patenting of animals. This parallels a difference in the animal welfare community, between those who merely object to the suffering of animals, versus those who argue that animals actually have rights. In the European patent system, there is an explicit recognition that although society wishes to encourage invention, it does not wish to encourage all inventions; there are limits. The letter bomb is an example of an invention which is beyond the limit, because its exploitation would be contrary to the public order or morality.
