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Nordberg, Ana --- "Patentability of human enhancement: from ethical dilemmas to legal (un)certainty" [2018] ELECD 1142; in Pistorius, Tana (ed), "Intellectual Property Perspectives on the Regulation of New Technologies" (Edward Elgar Publishing, 2018) 54

Book Title: Intellectual Property Perspectives on the Regulation of New Technologies

Editor(s): Pistorius, Tana

Publisher: Edward Elgar Publishing

ISBN: 9781786436375

Section: Chapter 3

Section Title: Patentability of human enhancement: from ethical dilemmas to legal (un)certainty

Author(s): Nordberg, Ana

Number of pages: 39

Abstract/Description:

The chapter considers the patentability of human enhancement, namely technologies that provide the means to intentionally develop, modify or introduce in the human body aesthetic features, physical or cognitive performance levels and abilities beyond the human species’ typical standards under the current evolutionary state, and resulting in induced permanent alterations. This mere possibility has led to ethical interrogations concerning the nature and boundaries of human nature and our relationship with science and technology. New technologies typically have a mixed nature, offering a wide range of uncontroversial benefits to humanity while simultaneously posing complex ethical challenges. The author concludes that the patent system is hardly the most appropriate legal tool to disincentivize specific commercial practices, business models or individual uses of technology. The author concludes that a broad, inclusive and interdisciplinary dialogue on science and technology is necessary.