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Monopoly corrupts. Absolute monopoly corrupts absolutely.





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US Government says genes should not be patented

Yesterday's New York Times writes that the US Government has filed a brief stating that genes should not be eligible for patents. The arguments is that gene are part of nature and that extracting them without altering them does not change anything to their nature, much like when coal is extracted from the earth.

The brief seems to be a negotiated outcome among several federal agencies. The US patent office has not signed it.


Comments

What with the DOJ's brief arguing that isolated genes are unpatentable, Myriad's chances of success on the merits of its case seem increasingly remote. I know some patent law practitioners reading this blog may hate hearing it, but I think that this is the right position. In any case, I hope this issue still goes up to the SCOTUS and the Court grants cert, because I'm looking forward to reading that opinion.
Good for you, Lonnie, you may be starting to see the light on gene and software patents. But that blog post you linked to (inexplicably) suggests you still have problems in this area, such as feeling Apple should shell out in one of the many smartphone thicket lawsuits it's embroiled in rather than that the smartphone space ought to be free of artificial monopolies and companies in it ought to be free to innovate (and even to copy) as they see fit.
Great post, thanks for sharing

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