Band 1, Heft 4

Granting patents on genes and gene products is not a recent development. In 1982, USPTO granted a patent for a synthetic influenza gene product 1 . The U.S. Patent and Trademark Office released a gene-patent guideline 2 reinforcing this established fact by demonstrating that, under the criteria of utility, novelty and nonobviousness, there are no objections to the patentability of genes. The EU Directive (98/44) embraces similar conclusions 3 . Since the inception of large scale international genomics projects in the late nineteen eighties, numerous patent applications for genes are entering the pipeline. This has created a logistical challenge for the Patent Offices in terms of searching what is public art, and for industrial and academics institutions, for freedom-of-use and infringement types of searches. The latter point is critical. This article addresses the means by which prior art investigation can be improved when applied to genetic sequence based invention.

This paper discusses how gender and culture / ethnicity or race shape interpretations of possible genetic tests for adult onset health conditions in families. The context for this discussion includes the process of psychotherapy. On the one hand, genetic counseling (especially in the context of recent advances in science research) can re-configure family relationships and thus may make new meaning of shifting definitions of family. On the other hand, ‘access’ to or understanding genetics is commonly achieved according to personal as well as social factors removed from the scientific aspect of these diagnoses. Psychotherapy is one such site. This distinction between genetics and people’s application of potential genetic diagnoses, as well as between genetics and social cultural values, is explored in this paper.