Patenting Transgenic Organisms
Transgenic plants and animals can be protected through patent claims in several countries including USA, Japan, Europe, etc. Oncomouse is one such example, where product claim was initially rejected by EPO, but the decision was overruled on appeal. This is despite the fact that animal genetic manipulation may be considered by some to be an ethical question.
Among transgenic plants, herbicide resistant cotton, insect resistant tobacco and virus resistant potato have been patented.
A bolloworm resistant cotton has also been allowed patent protection. There is no doubt, therefore, that in future patent claims for transgenic plants and animals fulfilling certain conditions will have to be allowed in several countries.
