New Books in Biology and Evolution · New Books Network

Jorge Goldstein, "Patenting Life: Tales from the Front Lines of Intellectual Property and the New Biology" (Georgetown UP, 2025)

·1 hr 4 min·5 clips

Dr. Jorge Goldstein, with five decades in patent law, shaped legal frameworks for groundbreaking scientific advancements.

This episode features patent attorney and molecular biologist Dr. Jorge Goldstein discussing his book on the legal and ethical frontiers of biotechnology. Host Drew Boxler interviews Goldstein, whose unique dual expertise spans nearly fifty years of high-stakes patent law. Goldstein's career has involved representing a diverse range of clients, from universities and corporations to Indigenous communities. The conversation centers on the complex history and implications of patenting biological entities, beginning with the landmark 1980 Diamond v. Chakrabarty Supreme Court case. Goldstein explains how this decision allowed a genetically modified bacterium to be patented, fundamentally establishing that life forms can be intellectual property. He details representing the University of Florida in securing a patent for the "Gatorade" sports drink formula, a case involving trade secrets and biological processes. The discussion covers patent disputes over CRISPR gene-editing technology, highlighting the fierce battles between academic institutions like Berkeley and MIT. Goldstein recounts working with the Cherokee Nation to explore patenting a genetically distinct variety of corn, touching on issues of sovereignty and biopiracy. He describes the legal and commercial scramble to patent genes, such as the BRCA1 and BRCA2 genes linked to breast cancer, before the Supreme Court later ruled genes unpatentable. The episode delves into the ethical dilemma of patenting human-animal chimeras, specifically referencing research involving pig embryos containing human cells. Goldstein shares an anecdote about a contentious meeting with a Nobel laureate who vehemently opposed the very concept of patenting life. A key insight is Goldstein's argument that the patent system, despite its flaws, is essential for motivating the massive investment required to turn basic biological research into usable therapies. He presents the patenting of the OncoMouse, genetically engineered for cancer research, as a case that forced explicit societal debate about commodifying life. The episode reveals how patent law often struggles to keep pace with rapid biological innovations, creating legal gray areas. Goldstein suggests that the push to patent genes actually accelerated the mapping of the human genome, as companies raced to claim sequences. The tone is educational and conversational, guided by an interviewer well-versed in the subject matter. The style is narrative-driven, using specific legal cases and personal anecdotes to illustrate complex ideas. Listeners interested in bioethics, legal history, or the intersection of science and commerce will find this episode deeply engaging. Those seeking a purely technical discussion of biology without its legal ramifications might find the focus too broad.

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