Patenting Related to Human Genetic Engineering and Eugenics: An Analysis of European Patent Law and Normative Policies

Abstract

Humanity has been under serious threat in some way or the other in some point in history. Many a time, it has been man’s own inventions that have wronged human beings. Progress in technology and a better understanding of science is a dangerous tool if it falls into the hands of those holding malicious intent or is subjected to wrong institutional policies fueled by bigotry and discrimination. In this respect, from biological science and genetic traits to insight into nature’s most intrinsic molecule, the DNA, have all been prone to abuse by those with a eugenic mindset. The dark side of eugenics has evidently plagued humanity since the progress of biological science unlocked deeper insights into the study of genetics. The fact that certain individual characteristics are inheritable in families makes their division into ‘good traits’ and ‘bad traits’ inevitable. Under such conditions, the credibility of a patenting regime weighs heavily on the policy-makers, lawmakers, and European patenting authorities to ensure harmonizing the patent practices with European values and normative approach.