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Biotech / Medical : Biotechnology: The Patenting of DNA
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To: Mike McFarland who wrote ()8/22/1999 4:07:00 AM
From: Steven Rachbach   of 37
 
Good summary of the main risk to genomic companies in HGSI's 8/16/99 S-3 filing in the "risks" section. In addition, there were several other "risks" pertaining to the patenting of DNA in the document at:

sec.gov

PATENT LAWS AND INTERPRETATION OF PATENT LAWS ARE SUBJECT TO CHANGES THAT MAY
ADVERSELY AFFECT US

The patent positions of biotechnology firms generally are highly uncertain
and involve complex legal and factual questions. There is a substantial backlog
of biotechnology patent applications at the U.S. Patent and Trademark Office and
no clear policy has emerged regarding the breadth of claims covered in
biotechnology patents. There have been, and continue to be, intensive
discussions on the scope of patent protection for both gene fragments and
full-length genes. There have also been proposals for review of the
appropriateness of patents on genes and gene fragments. The biotechnology patent
situation outside the U.S. is even more uncertain and is currently undergoing
review and revision in many countries. These proposals and other changes in
patent laws in the U.S. and other countries may result in changes in, or
interpretations of, the patent laws which will adversely affect our patent
position.
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