Popular and academic objections to patents over human genes are legion. Although some concerns about the negative impact of these patents have declined recently, questions persist as to the effect of gene patents on genetic testing. This paper undertakes a timely reappraisal of the patentability of human genes in Europe, by reference to EPO and English case law, and demonstrates that isolated DNA and the associated diagnostic tests remain patentable in Europe, although recent cases indicate a sensible tightening of the patentability requirements. The paper concludes by considering the potential for gene patents to affect the provision of genetic testing services.
