This Comment examines the effect of the United States Supreme Court decision in Diamond v. Chakrabarty, which involved research in recombinant genetics. The author examines the basis of the Court's decision in the Diamond case and discusses the propriety of extending patent grants for products of genetic research before establishing a regulatory system for such research and without the opportunity for public debate. The author argues that, while the Court has recited its inability to deny patents for microorganisms, there are several grounds for refusing to extend patent protection to products of genetic research, not least among which is the danger such research poses to public health, morals, and well-being. The author concludes that the Court's decision will encourage genetic research that is not currently subject to government safety guidelines, and suggests several proposed regulatory schemes that would allow Congress to govern such actions.
James F. Brashear,
Innocuous Inoculum Or Perilous Parasite? Encouraging Genetic Research through Patent Grants: A Call for Regulation and Debate,
San Diego L. Rev.
Available at: https://digital.sandiego.edu/sdlr/vol18/iss2/4