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Question: In the US, would it be possible to patent/copyright/trademark one's own DNA, and irrevocably transfer exclusive rights to a trust for which the DNA d
by zuminator 5y ago
Question: In the US, would it be possible to patent/copyright/trademark one's own DNA, and irrevocably transfer exclusive rights to a trust for which the DNA donor is the sole trustee? Then the donor would no longer have the legal ability to accidentally confer IP rights to their DNA to a third party via contact, and any company which tried to financially exploit the DNA could be sued by the trust.
Doubtless the infringing company would then commence against the donor for fraudulent misrepresentation (for entering into a contract without authority to do so) but then at least the fight would be had over money, and not over one's literal birthright. Or is the trust idea entirely without merit?
- gruez 5y agopatent: unless you think you yourself are a novel invention, no. copyright: I doubt DNA counts as a "creative work". Also if it does count as work, the actual owner would be your parents, not you. You didn't create yourself, after all. trademark: unless you're using your DNA in commerce (ie. using it as part of a brand), no.
- dragonwriter 5y ago> patent: unless you think you yourself are a novel invention, no. Even if you are, you aren't the inventor.
- zuminator 5y agoAh, I see. I thought I remembered people's DNA sequences getting patented but I now see this practice was disallowed about 10 years ago in Association for Molecular Pathology v. Myriad Genetics, Inc (2013). Thanks.
- dragonwriter 5y ago> In the US, would it be possible to patent/copyright/trademark one's own DNA No.