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Larger than life

Late January, the European Patent Office took a tough stand on gene patenting by upholding a patent granted to the Howard Florey Institute of Experimental Physiology and Medicine, Melbourne, Australia. The patent covered the gene for H2-relaxin, a protein that allows the pelvic girdle to widen during pregnancy and childbirth.

The judgement was a setback for green MEPs. They argued that the patent was a blatant commercial exploitation of women, and that relaxin was unpatentable as it was a discovery, not an invention.

Pregnant women had willingly provided tissue to researchers, but now the gene is being artificially made. The EPO says that a substance will be unpatentable if only it were found freely in nature. But "if a substance found in nature has first to be isolated from its surroundings and a process for obtaining it is developed, that process is patentable". The MEPs have already decided to appeal against the decision within the next 3 months.

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