ABSTRACT

Generally, society has been repugnant at the idea of patenting human genes and synthesized recombinant nucleic acids and biospecimens in biomedical research. Some scholars have suggested that the dismissal of gene patents could potentially truncate innovations in molecular bioengineering, biologics, and clinical research. According to research conducted by Jonathan Greene and others, the Bacillus subtifis phage SP0l contains hydroxyl methyluracil (HMU) in its DNA in lieu of thymine (T) in its homolog. Generally, transcription factor 1 (TF1) according to Jonathan Green, "binds selectively to HMU containing DNA while the bacterial HU/DBPII proteins are thought to bind DNA nonspecifically". Through recombinant biotechnology methods, researchers could clone this gene sequence and replace the HMU with thymine. Both naturally occurring polypeptides and complimentary DNAs may be patent-ineligible and this could potentially be challenged in the court of law in future litigations. In case law, the ruling becomes a precedent for adjudicating future litigations oscillating on DNA and genetic products.