Abstract

There are a number of ways one could criticize the practice of patenting genes. This chapter argues that computer‐mediated expressions have revealed the false dichotomy in the law of intellectual property and that as new technologies emerge they will continue to pose problems for courts and innovators alike. This is because the range and nature of our expressions is increased with new technologies like computers, nanotechnology, and biotech. Genetic engineering and nanotechnology undermine the distinction between “clearly” patentable inventions and copyrightable works of authorship. Persons carry obligations, rights, moral duties, and are the objects of almost all our ethical and legal considerations. Health care in general has improved to enable us to make more careful predictions about risks and to make choices with greater information. Useful scientific data have emerged from the various “mapping” projects seeking to reveal the intricacies of genomes and phenotypes.