Federal judge injects some sanity into human gene patents by rejecting two
source: http://www.scholarsandrogues.com/2010/03/30/federal-judge-injects-some-sanity-into-human-gen...
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- angliss
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According to the NYTimes, a federal judge has invalidated two patents on human genes, claiming that
the patents were “improperly granted” because they involved a “law of nature.”
While this decision is certain to be appealed by patent owner Myriad Genetics, it has the potential to drive widespread changes throughout the biotech industry.
Patent law doesn’t presently allow laws of nature to be patented. No-one could patent green photons, for example, or the quantum mechanical property of particle tunneling. What can be patented are devices that measure or creates green photons in a new and novel way, or that use tunneling as a means to create a new semiconductor device for electronics.
The genes in question are unquestionably natural and discovered, not created, and so its not at all a surprise that the patents were thrown out based on existing patent law. It strikes me, a non-expert, as the reasonable and correct thing to do. However, according to the NYTimes article, most experts expected that the judge would dismiss the case in favor of the patent holder instead of voiding the patents.
More at the link.
the patents were “improperly granted” because they involved a “law of nature.”
While this decision is certain to be appealed by patent owner Myriad Genetics, it has the potential to drive widespread changes throughout the biotech industry.
Patent law doesn’t presently allow laws of nature to be patented. No-one could patent green photons, for example, or the quantum mechanical property of particle tunneling. What can be patented are devices that measure or creates green photons in a new and novel way, or that use tunneling as a means to create a new semiconductor device for electronics.
The genes in question are unquestionably natural and discovered, not created, and so its not at all a surprise that the patents were thrown out based on existing patent law. It strikes me, a non-expert, as the reasonable and correct thing to do. However, according to the NYTimes article, most experts expected that the judge would dismiss the case in favor of the patent holder instead of voiding the patents.
More at the link.
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hoosierdaddy
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Wow. We're not accustomed to seeing sanity in this realm.
- 3 years ago
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hoosierdaddy
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kurthsb27
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hoosierdaddy:
particularly from a federal judge
- 3 years ago
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kurthsb27
