Gulf Coast Oil and Gas Royalty Giveaway Repeal and Deficit Reduction Act

Madam Chair, for over two decades, USPTO has had an internal policy that human beings at any stage of development are not patentable subject matter under 35 U.S.C. Section 101. I commend Chairman Lamar Smith for including in the manager's amendment to H.R. 1249, the America Invents Act, a provision that will codify an existing pro-life policy rider included in the CJS Appropriations bill since FY2004. This amendment, commonly known as the Weldon amendment, ensures the U.S. Patent and Trade Office, USPTO, does not issue patents that are directed to or encompassing a human organism.

Codifying the Weldon amendment simply continues to put the weight of law behind the USPTO policy.

This amendment and USPTO policy reflect a commonsense understanding that no member of the human species is an ``invention,'' or property to be licensed for financial gain. Patents on human organisms commodify life and allow profiteers to financially gain from the biology and life of another human person.

Codifying a ban on patenting of humans would not violate international obligations under the TRIPs agreement with the WTO, in which member countries can exclude from patentability subject matter to prevent commercial exploitation which is ``necessary to protect ordre public or morality, [and] to protect human, animal or plant life.'' (The Agreement on Trade-Related Aspects of Intellectual Property Rights, Article 27, Section 5).

Even the European Union prevents patents on human embryos on the basis of morality and public order without conflicting with the TRIPs agreement. (See Guidelines for Substantive Examination. European Patent Office. Part C, Chapter IV, Section 4.5, iii (Rule 28c))

4.5 Biotechnological inventions

In the area of biotechnological inventions, the following

list of exceptions to patentability under Art. 53(a) is laid

down in Rule 28. The list is illustrative and non-exhaustive

and is to be seen as giving concrete form to the concept of

``ordre public'' and ``morality'' in this technical field.

Under Art. 53(a), in conjunction with Rule 28, European

patents are not to be granted in respect of biotechnological

inventions which concern:

(iii) uses of human embryos for industrial or commercial

purposes; The exclusion of the uses of human embryos for

industrial or commercial purposes does not affect inventions

for therapeutic or diagnostic purposes which are applied to

the human embryo and are useful to it (EU Dir.98/44/EC, rec.

42).

I also submit into the Record items from previous debate on the Weldon amendment that will add further clarification to the intent of this important provision.

Speech of Hon. Dave Weldon of Florida in the House of Representatives,

July 22, 2003

H. Admt. 286

Departments of Commerce, Justice, and State, the Judiciary,

and Related Agencies Appropriations Act, 2004--(House of

Representatives--July 22, 2003)

Amendment Offered by Mr. Weldon of Florida

Mr. WELDON of Florida. Mr. Chairman, I offer an amendment.

The CHAIRMAN pro tempore. The Clerk will designate the

amendment.