Influenza genetic sequence patents: where intellectual property clashes with public health needs

Abstract

A number of advances have recently taken place in influenza virus genomics research, due largely to an extensive genome sequencing project and widespread access to these sequences. If a pandemic virus emerges, whether it is a reassorted A/H5N1 strain or another zoonosis, it is essential that access to information about its genetic sequence is not restricted through intellectual property claims. Products of nature are not patentable inventions, according to US code and the US Supreme Court, and naturally occurring genetic sequences should not be eligible for patenting. Viral genetic sequences represent natural information upon which diagnostics and preventions are necessarily based. Patents covering this fundamental information will limit, or even prevent, crucial and time-sensitive biomedical research.