The Terminator Patent and Its Discontents: Rethinking the Normative Deficit in Utility Test of Modern Patent Law

Authors

Ikechi Mgbeoji, Osgoode Hall Law School

First Page

95

Document Type

Article

Abstract

For clarity of analysis, this article is divided into three parts. In the first part, I introduce the technologies of GURTs (Genetic Use Restriction Technologies) and their main characteristics. In the second part, I examine the origins and policy foundations of the patent system, particularly how the courts in various jurisdictions have defined the concept of utility. The second part also explores the evolution of the requirement of utility and its contemporary emergence as a secular, technical test with emphasis on mechanical operability of inventions. The third part of this article explores the nature of GURT patents vis-a-vis their compatibility with the stated policy imperatives of the patent regime. In addition, the third part evaluates the propriety of GURT patents in the context of international law on biodiversity protection and the precautionary approach to release of genetically modified life forms into the environment.

Recommended Citation

Ikechi Mgbeoji, The Terminator Patent and Its Discontents: Rethinking the Normative Deficit in Utility Test of Modern Patent Law, 17 St. Thomas L. Rev. 95 (2004).
Available at: https://scholarship.stu.edu/stlr/vol17/iss1/6