Patenting the Minotaur

Abstract

The myth of the Minotaur can be used as a mirror for the modern life, in which fiction and reality are rapidly converging, as humans develop the knowledge to create hybrid humanoid creatures. This article uses the possibility of the creation of a Minotaur as a backdrop to revisit and analyze the rationales for the current patent policy on biotechnological inventions that transcend the human-animal barrier.1 The objectives of this article are to (i) discuss the possibility of creating a human-animal chimera,2 (ii) shed light on the current law regulating patentability of chimeras, (iii) consider important issues external to law, and (iv) address the question of who should decide the patentability of the Minotaur. The opponents of patents on life forms must ask themselves whether it is the mere thought of owning life that is abhorrent or if the problem lies in a more fundamental technological and metaphysical uneasiness. Attacking patent law addresses the former concern but has little effect on the latter. Opponents should focus their efforts not on altering the patent laws, but on convincing Congress to pass legislation that would regulate the kinds of genetic engineering experiments that scientists may perform.

Keywords: patentability of chimera, human/animal chimera, patenting life