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How are gene patents different from patents on other chemical structures?
There is no legal distinction between a gene patent and patents on other chemicals. Every gene (including complementary DNA, or cDNA forms) is a molecule that can be defined as a specific chemical structure (see "What is a gene?"). Other molecules that are not genes but have beneficial medical effects have been patented. They too are often defined by their chemical structure. Two examples include:
- Aspirin - a compound whose chemical name is salicylic acid acetate (2-(acetyloxy)benzoic acid). Felix Hoffmann patented it in 1900.
- Beta-Carotene - (U.S. Patent 5,871,766 [1999]) a compound that was defined by its chemical structure.
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