defending the right to innovate
Monopoly corrupts. Absolute monopoly corrupts absolutely.
Copyright Notice: We don't think much of copyright, so you can do what you want with the content on this blog. Of course we are hungry for publicity, so we would be pleased if you avoided plagiarism and gave us credit for what we have written. We encourage you not to impose copyright restrictions on your "derivative" works, but we won't try to stop you. For the legally or statist minded, you can consider yourself subject to a Creative Commons Attribution License.
A better title would have been "Is this the beginning of the end of gene patenting.?" I assume there will be an appeal to the CAFC. If the CAFC rules against the patent holder, then there will likely be a shot with the Supreme Court. Because this issue is fairly high profile I suspect this case might be fast-tracked. The appeal has to come fairly soon, so watch for the announcement.
Even if this is the beginning of the end for gene patents, the methodologies used to find genes will still remain patentable.
[Comment at 03/30/2010 06:09 AM by Anonymous]
In defense of Myriad Genetics, they spent lots of $$ to discover these genes and their use in cancer therapy, so if you are going to have a patent system to reward incurring sunk costs, then you should give them the patents. That being said, if you dont feel that patents are socially desirable then get rid of the entire system, not just parts of it.
[Comment at 03/31/2010 02:16 PM by Paul Grootendorst]
@Paul, so they sunk a lot of money into research, well too bad. We have, at least in theory, a capitalistic system. Risk money and maybe you will be rewarded. People and corporations invest in a lot of things, some make money and some lose money. That's the breaks.
Patents are meant to give a LIMITED monopoly over an invention, not for discovering things. We unfortunately seem to live in a society of ever expansive "rights", patents and copyright being perceived, now, as a right rather than a privilege.
[Comment at 03/31/2010 04:45 PM by Steve R.]
Based on my understanding of the Myriad patent, they did in fact discover the genes. They did not invent them. Understanding that those genes are associated with breast cancer is the equivalent of understanding that viruses cause influenza. Congratulations to Myriad for learning that. But, they do not deserve a patent under the present system.
Steve is not talking about getting rid of parts of the patent system. He is talking about the fact that the present system does not reward "discovery." "Discover" is, by law, excluded from patentability. Thus, calculus, geometry, physics, quantum mechanics, etc., are all non-patentable because they are not inventions, but creations that explain the world around us. They are excluded, by law, from being patentable.
[Comment at 03/31/2010 06:16 PM by Anonymous]
We'll see later, where it will lead us, we can do that with custom term papers help
[Comment at 04/03/2010 08:20 AM by Sandie]
Your comments do not make any sense, Sandie.
[Comment at 04/03/2010 10:12 PM by Nobody Nowhere]
i'm sure that Term Papers can open smth new for Myriad Genetics!
[Comment at 04/08/2010 01:58 AM by blackjack]
i'm sure that Term Papers can open smth new for Myriad Genetics!
[Comment at 04/08/2010 01:59 AM by blackjack]
Most Recent Comments
Claiming Countability Cancels Claims Creates a Cacophony of Cantankerous Counterexamples? Hi I have came across this platform called Saturo Global which does knowledge management in online
at 08/25/2017 10:15 PM by Marcus
Let's See: Pallas, Pan, Patents, Persephone, Perses, Poseidon, Prometheus... Hi I have came across this platform called Saturo Global which does knowledge management in online
at 08/25/2017 10:12 PM by Marcus
An analysis of patent trolls by a trademark lawyer Hi I have came across this platform called Saturo Global which does knowledge management in online
at 08/25/2017 10:11 PM by Marcus
Killing people with patents Hi I have came across this platform called Saturo Global which does knowledge management in online
at 08/25/2017 10:10 PM by Marcu
Dr. Who? Hi I have came across this platform called Saturo Global which does knowledge management in online
at 08/25/2017 10:09 PM by Marcus
at 07/10/2017 08:49 AM by Anonymous
at 04/19/2017 08:09 AM by Anonymous
Questions and Challenges For Defenders of the Current Copyright Regime Subject Very controversial Gráfica em
at 01/30/2017 05:03 AM by fernando
The right to rub smooth using a hardened steel tool with ridges Finally got around to looking at the comments, sorry for delay... Replying to Stephan: I'm sorry
at 05/08/2015 08:35 AM by Dan Dobkin
Let's See: Pallas, Pan, Patents, Persephone, Perses, Poseidon, Prometheus... Seems like a kinda bizarre proposal to me. We just need to abolish the patent system, not replace
at 04/10/2015 10:44 AM by Stephan Kinsella
The right to rub smooth using a hardened steel tool with ridges I'm a bit confused by this--even if "hired to invent" went away, that would just change the default
at 04/10/2015 10:34 AM by Stephan Kinsella
Do we need a law? @ Alexander Baker: So basically, if I copy parts of 'Titus Andronicus' to a webpage without
at 01/08/2015 08:58 PM by Sheogorath
Do we need a law? The issue is whether the crime is punished not who punishes it. If somebody robs our house we do
at 11/17/2014 04:48 AM by David K. Levine
Do we need a law? 1. Plagiarism most certainly is illegal, it is called "copyright infringement". One very famous
at 10/29/2014 10:49 AM by Alexander Baker
Yet another proof of the inutility of copyright. The 9/11 Commission report cost $15,000,000 to produce, not counting the salaries of the authors.
at 09/20/2014 03:19 PM by Alexander Baker
WKRP In Cincinnati - Requiem For A Masterpiece P.S. The link to Amazon's WKRP product page:
at 06/28/2014 10:03 AM by Doris
WKRP In Cincinnati - Requiem For A Masterpiece Hopefully some very good news. Shout! Factory is releasing the entire series of WKRP in Cincinnati,
at 06/28/2014 10:00 AM by Doris
What's copywritable? Go fish in court. @ Anonymous: You misunderstood my intent. I was actually trying to point out a huge but basic
at 05/05/2014 01:03 PM by Sheogorath
Rights Violations Aren't the Only Bads I hear that nonsense from pro-IP people all the
at 04/07/2014 04:47 AM by Dan McCracken
Intellectual Property Fosters Corporate Concentration Yeah, I see the discouragement of working on a patented device all the time. Great examples
at 01/13/2014 06:13 AM by Anonymous