The provision would ban patents for genetically engineered human embryos, fetuses, and human beings, but would not affect patents on genes, cells, tissue, and other biological products. It would not stop scientists from seeking patents for the procedures or methods of creating a biological product.
US Patent and Trademark Office director James Rogan, in a letter last week to Senate Appropriations Committee Chairman Ted Stevens of Alaska, said his office viewed the Weldon amendment as "fully consistent with USPTO's policy on the non-patentability of human life-forms."
He said the measure gave "unequivocal congressional backing" for a rule "refusing to grant any patent containing a claim that encompasses any member of the species Homo sapiens at any stage of development."
Weldon said in a recent floor speech that his amendment would leave the Patent Office free to address new or borderline issues. As an example, he noted that the Patent Office does grant patents in cases where an animal has been modified to include a few human genes so it can produce a human protein or antibody.
Weldon was the sponsor earlier this year of legislation that would impose a total ban on all human cloning. The bill passed the House but has stalled in the Senate.
