Should we patent the ‘Woolly Mammoth’? Ecological and animal welfare objections

Abstract Over the last few years, there have been claims that de-extinction practitioners will recreate the ‘Woolly Mammoth’ (Mammuthus primigenius)—or at least something that resembles it—by 2027. Given the recent births of the ‘Colossal Woolly Mouse’—mice engineered to express multiple key mammoth-like traits that provide adaptations to life in cold climates—and the ‘Dire Wolf’—genetically modified grey wolves— it appears that Colossal Biosciences’ goal of bringing back a mammoth is now becoming a realistic prospect. Building on previous work that explores whether de-extinct species would qualify as patent-eligible subject matter under European and United States (US) patent law, this article critically assesses the potential ethical implications of patenting a woolly mammoth created via genetic engineering under European Patent Law, and highlights some of the ecological and animal welfare objections that are likely to be raised. We argue that such ethical considerations are likely to be similar to those raised against transgenic animals in the past, and thus unlikely to be significant hurdles to patenting a de-extinct woolly mammoth under European Patent Law.