May 12, 2009
Genetic manipulation is an expensive research endeavor because it is fraught with unpredictability. That makes it patentable. One ultimate goal of genetic research is treating diseases. Especially when an invention offers the prospect of a cure, the affected diseased, most desirous of the fruits, want the benefits without paying for the toils of the innovation behind it. Case in point: a lawsuit, spearheaded by a woman with breast cancer, supported by the ACLU, against genetic research pioneer Myriad Genetics, which has patents on genes related to breast and ovarian cancers, and against the USPTO, for allowing such patents in the first place.
Ms. Genae Girard, 39, riled four other cancer patients and the ACLU to try to rob patent protection from genetic research companies. The virulent anti-patent Public Patent Foundation (PUBPAT) is also in on the act.
Christopher A. Hansen, ACLU, on gene patenting: "What they have really patented is knowledge." That pretty much defines all patents.
ACLU Executive Director Anthony D. Romero hauls out the righteous sanctimony: "Knowledge about our own bodies and the ability to make decisions about our health care are some of our most personal and fundamental rights. The government should not be granting private entities control over something as personal and basic to who we are as our genes."
People die all the time from all kinds of foolery. Most people exacerbate genetic predispositions with poor lifestyle choices that lead to manifesting diseases, which often results in premature death (compared to healthy lifestyles). Smoking, drinking alcohol, consuming meat and dairy, along with lack of exercise, provide a surefire formula for accelerated decrepitude. These self-indulgent types are often the same people with an entitlement mentality. Not to mention unexamined lives.
Take away patents and you take away incentive for private research.
Posted by Patent Hawk at May 12, 2009 9:25 PM | Patents In Business
Haha, you should get extra points on this one for the phrase "accelerated decrepitude" -- awesome.
Posted by: dk at May 13, 2009 5:13 AM
"Genetic manipulation is an expensive research endeavor because it is fraught with unpredictability. That makes it patentable. "
False, that makes it patentable under 103. Sometimes.
As to 101, we shall see.
"That pretty much defines all patents."
False, some patents cover products, compositions, apparatii, and methods.
"Take away patents and you take away incentive for private research."
I agree with that. Problem is, are the claims valid under 101 or not?
We shall see.
Posted by: 6000 at May 13, 2009 12:37 PM