defending the right to innovate
Monopoly corrupts. Absolute monopoly corrupts absolutely.
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Andrew Pollack reports that "Myriad Genetics retained its monopoly on a lucrative genetic test for breast cancer risk when a federal appeals court recently upheld the company's patents on two human genes and the validity of gene patents in general." It seems to me that this is so wrong as to defy any rational explanation link here.
Remembering that the constitutional basis for patents is that they encourage innovation, the patent is here granted on the wrong thing. A gene is not invented or developed. It is not a creation of human ingenuity. The patent should not be on the gene but on the process or procedure to identify it. The Appeals Court ruling pretty clearly identifies the gene as patentable, apparently because the procedure has transformed it. The finding is buried in 105 pages of opinion link here .
Worst result: Gene patents have in general been upheld. Let's hope the Supremes to overturn it.
As I noted previously, I was interviewed recently for a promising new documentary by lawyer-philosopher David Koepsell and filmmaker Taylor Roesch, "Who Owns You?" (Here's the first trailer, on Vimeo.) Here's an email I just received from Taylor:
Hello Family and Friends,
Here's the first trailer for a promising new documentary by lawyer-philosopher David Koepsell and filmmaker Taylor Roesch (I was interviewed for it as mentioned here). Vimeo;
Over the last 20 years, the United States Patent and Trademark Office has been issuing patents to universities and private companies on raw human genes. One company or university is given a legal monopoly over a molecule that is inside every human being and many other animals. This documentary explores the legal, ethical, and clinical ramifications of human gene patenting.
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at 11/24/2013 10:48 AM by SpaceCorp Technologies
at 11/20/2013 03:18 PM by Anonymous
Does the decline in total factor productivity explain the drop in innovation? So, if our patent system was "broken," TFP of durable goods should have dropped. Conversely, since
at 11/02/2013 08:09 PM by Anonymous
Does the decline in total factor productivity explain the drop in innovation? I wondered about TFP, because I had heard that TFP was increasing. Apparently, it depends on who
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Patents on 3D Printing Challenged by Prior Art To Loup Vaillant: "So, you think we wouldn't have had those 9 technologies without patents? I can
at 09/13/2013 04:22 PM by Anonymous
Patents on 3D Printing Challenged by Prior Art @anonymous: So, you think we wouldn't have had those 9 technologies without patents? I can accept
at 09/10/2013 03:56 PM by Loup Vaillant
Patents on 3D Printing Challenged by Prior Art The fact is that in the last 20-25 years the technologies of rapid prototyping (today known as
at 09/03/2013 06:06 PM by Anonymous
Public Knowledge announces a Patent Reform Project No patents should be allowed on ANY software. And no patents on Business Methods. If the have to
at 08/24/2013 08:24 PM by mrbill