Abstract
The proposal by the National Institutes of Health (NIH) to patent products resulting merely from sequencing the human genome is a mistake: at worst, it is wrong in patent law; at best, it relies on deficiencies in law concerning what is "useful" as a requirement for patents. The proposal is symptomatic of a problem besieging biotechnology—attempts to control the raw material of scientific experimentation before research has determined the practical value of such material—that needs curing on many fronts. Corrective measures are proposed for adoption by the Executive branch, the Congress, and the courts.

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