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ARTICLE · 16 FEBRUARY 2022

The (Cold Adapted) Elephant In The Room

Marks & Clerk
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Marks & Clerk

Marks & Clerk

Marks & Clerk LLP was founded in 1887 by George Croydon Marks, who was joined in partnership by...

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Wrestling with ethical issues often arises in the context of biotechnology, including where patentability is concerned. Since de-extinct "mammoths"...

United KingdomIntellectual 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.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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