ARTICLE
16 February 2022

The (Cold Adapted) Elephant In The Room

MC
Marks & Clerk

Contributor

Marks & Clerk is one of the UK’s foremost firms of Patent and Trade Mark Attorneys. Our attorneys and solicitors are wired directly into the UK’s leading business and innovation economies. Alongside this we have offices in 9 international locations covering the EU, Canada and Asia, meaning we offer clients the best possible service locally, nationally and internationally.
Wrestling with ethical issues often arises in the context of biotechnology, including where patentability is concerned. Since de-extinct "mammoths"...
United Kingdom Intellectual Property

Wrestling with ethical issues often arises in the context of biotechnology, including where patentability is concerned. Since de-extinct "mammoths" are really not mammoths at all - and hence are novel and inventive - there seems to be no legal reason why they couldn't be patented in the US. In Europe however the ethical question around patentability of animals is clear - patents can be granted if any detriment to the animal is outweighed by a benefit to humans. Somehow I doubt that recreating extinct pleistocene megafauna in itself provides such a benefit, despite my desire to see a real live mammoth one day.

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