This Article argues that the Court of Appeals for the Federal Circuit ("CAFC") has applied patent doctrine to biotechnology in a manner that makes patent protection far too strong in some respects and too weak in other respects. One major reason for the CAFC's mistakes has been limited comprehension of the new technologies that are central to the biotechnology industry. Moreover, a comparative analysis of the various institutions that could address the new genetic technologies reveals that the Patent and Trademark Offices ("PTO") is best equipped for the task. Thus, the CAFC should show greater deference to the PTO's factual and legal determinations regarding patentability.
Arti K. Rai, Intellectual Property Rights in Biotechnology: Addressing New Technology, 34 Wake Forest Law Review 827-847 (1999)