Download or read book Patented Human Genes With or Against written by Philipp Hinderberger and published by GRIN Verlag. This book was released on 2008-06-19 with total page 12 pages. Available in PDF, EPUB and Kindle. Book excerpt: Seminar paper from the year 2008 in the subject Ethics, grade: B, The George Washington University, 7 entries in the bibliography, language: English, abstract: This paper proposes to ban patents on human genes. The patent system protects the investment of researchers by allowing them to own genes they discover. This, however, results in a lot of ethical problems such as impeding innovations and potential research, disadvantaging low-income consumers, and owning a naturally-existing part rather than a creation. In spite of various objections to those issues, the arguments will be defended with logic and evidence. The paper concludes the arguments with final thoughts about gene patenting and its drawbacks.
Download or read book Who Owns You written by David Koepsell and published by John Wiley & Sons. This book was released on 2011-09-23 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: Who Owns You? is a comprehensive exploration of the numerous philosophical and legal problems of gene patenting. Provides the first comprehensive book-length treatment of this subject Develops arguments regarding moral realism, and provides a method of judgment that attempts to be ideologically neutral Calls for public attention and policy changes to end the practice of gene patenting
Download or read book Genes and Ingenuity written by Australia. Law Reform Commission and published by Virago Press. This book was released on 2004 with total page 690 pages. Available in PDF, EPUB and Kindle. Book excerpt: Report of an inquiry concerned with two broad issues: the patenting of genetic materials and technologies, and the exploitation of these patents and the distinction that can and possibly should be made between discoveries and inventions when referring to claims over genetic sequences.
Download or read book Patenting of Human Genes and Living Organisms written by Friedrich Vogel and published by Springer Science & Business Media. This book was released on 2012-12-06 with total page 249 pages. Available in PDF, EPUB and Kindle. Book excerpt: Biotechnology is one of the most promising fields of technology, especially since molecular biology methods have enhanced our knowledge of genes, their structure, and their action. This knowledge makes it possible to change genetic material and construct new varieties of cultural plants and animals for various purposes such as nutrition, scientific and medical experimentation, and treatment of human diseases. Such inventions may even include human genes. The understandable desire to have legal protection in this domain has created new problems - especially from the viewpoint of the law and acquiring patents for these new inventions. These problems are under wide discussion and are often controversial. This volume provides a unique overview of the current problems and opinions in this controversial field.
Download or read book The Ethics of Patenting DNA written by Nuffield Council on Bioethics and published by . This book was released on 2002 with total page 132 pages. Available in PDF, EPUB and Kindle. Book excerpt: This paper questions whether the application of the patent system to DNA sequences achieves its goals of stimulating innovation for the public good and rewarding people for useful new inventions. Even if DNA sequences are considered eligible for patenting, they must also be novel, inventive, and useful. The application of these criteria has not been stringently applied. In future, patents asserting rights over DNA sequences should become the exception rather than the norm.
Download or read book Patenting Life written by and published by . This book was released on 1989 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Evaluating Human Genetic Diversity written by National Research Council and published by National Academies Press. This book was released on 1998-01-19 with total page 101 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book assesses the scientific value and merit of research on human genetic differencesâ€"including a collection of DNA samples that represents the whole of human genetic diversityâ€"and the ethical, organizational, and policy issues surrounding such research. Evaluating Human Genetic Diversity discusses the potential uses of such collection, such as providing insight into human evolution and origins and serving as a springboard for important medical research. It also addresses issues of confidentiality and individual privacy for participants in genetic diversity research studies.
Download or read book Owning the Code of Life written by Sarah Leah Schwartz and published by . This book was released on 2015 with total page 54 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 2013, the United States Supreme Court heard the case of Association of Molecular Pathology v. Myriad Genetics. The case asked one question: are human genes patentable? Gene patents became commonplace during the biotechnology revolution of the 1980s, but generated a complex web of moral, legal, and biological questions. While some viewed gene patents as necessary in promoting and sustaining innovation, others felt that owning the code of life was morally and legally misguided. This tension played a central role in the early years of the Human Genome Project, and continued as people experienced the challenging consequences of assigning property rights to our shared biology. Several patients with genetic diseases were forced to navigate limited or expensive testing because of a company's genetic monopoly. Some scientists worried that their research might infringe a patent. When the Supreme Court decided the Myriad trial, ruling that unaltered human genes were not patent-eligible, their decision marked a surprising and historic shift in the relationship between patent law and fundamental biology-but questions and uncertainty about a future without gene patents remain.
Download or read book Who Owns You written by David Koepsell and published by John Wiley & Sons. This book was released on 2015-04-27 with total page 245 pages. Available in PDF, EPUB and Kindle. Book excerpt: The 2nd Edition of Who Owns You, David Koepsell’s widely acclaimed exploration of the philosophical and legal problems of patenting human genes, is updated to reflect the most recent changes to the cultural and legal climate relating to the practice of gene patenting. Lays bare the theoretical assumptions that underpin the injustice of patents on unmodified genes Makes a unique argument for a commons-by-necessity, explaining how parts of the universe are simply not susceptible to monopoly claims Represents the only work that attempts to first define the nature of the genetic objects involved before any ethical conclusions are reached Provides the most comprehensive accounting of the various lawsuits, legislative changes, and the public debate surrounding AMP v. Myriad, the most significant case regarding gene patents
Download or read book Deadly Monopolies written by Harriet A. Washington and published by Anchor. This book was released on 2012-11-13 with total page 450 pages. Available in PDF, EPUB and Kindle. Book excerpt: From the award-winning author of Medical Apartheid, an exposé of the rush to own and exploit the raw materials of life—including yours. Think your body is your own to control and dispose of as you wish? Think again. The United States Patent Office has granted at least 40,000 patents on genes controlling the most basic processes of human life, and more are pending. If you undergo surgery in many hospitals you must sign away ownership rights to your excised tissues, even if they turn out to have medical and fiscal value. Life itself is rapidly becoming a wholly owned subsidiary of the medical-industrial complex. Deadly Monopolies is a powerful, disturbing, and deeply researched book that illuminates this “life patent” gold rush and its harmful, and even lethal, consequences for public health. Like the bestselling The Immortal Life of Henrietta Lacks, it reveals in shocking detail just how far the profit motive has encroached in colonizing human life and compromising medical ethics.
Download or read book The Impact of Human Gene Patents on Innovation and Access written by Christopher M. Holman and published by . This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 2005, an article in the highly influential journal Science reported that roughly 20% of human genes are patented. This figure has been widely cited and at times over-interpreted. For example, a popular science fiction author warns the public that their bodies are "owned" by someone else. A bill was introduced in Congress in 2007 that would essentially seek to ban the patenting of DNA. The bill appears motivated in part by a perception that one-fifth of our genes are owned by somebody else, that these owners can do whatever they want with these genes, and that there is "nothing that we can do to stop them" (presumably short of banning the patenting of DNA). While clearly many US patents have issued that reference human genetic sequences, the actual scope of exclusivity varies dramatically from claim-to-claim as dictated by the actual claim language. Many patents restrict only some very narrow use of the genetic sequence, others are much broader - none cover actual human genes as they exist in their native state. And it should go without saying that none confer actual ownership of human beings, or allow a patent owner to do "whatever it wants" with another person's genes. In light of the hyperbole and high interest currently surrounding human gene patents, and in an attempt to assess the true impact of these patents, I conducted a search to identify and analyze all instances where a patent relating to a human gene was asserted in a lawsuit. The results suggest that the impact of human gene patents has been felt primarily in the context of biotechnology-derived protein therapeutics, i.e., biologics, the most important fruit of the biotechnology revolution. The impact on genetic testing and assess to research tools has been relatively modest, with some notable exceptions. Furthermore, lawsuits are being filed at a decreasing frequency over time, and it appears that only three human gene patent litigations are currently pending. Two involve patents relating to the production of recombinant erythropoietin, an important biologic drug; these patents claim priority to applications filed in the early 1980s. The third is best characterized as a contract dispute, wherein the licensor of a research tool patent alleges that a licensee has exceeded the scope of its license; this case has been stayed pending the outcome of a court-ordered arbitration of the underlying contractual dispute. The article concludes with a discussion of some policy implications to be drawn from the results of this survey.
Download or read book Owning the Genome written by David B. Resnik and published by State University of New York Press. This book was released on 2012-02-01 with total page 251 pages. Available in PDF, EPUB and Kindle. Book excerpt: DNA patenting has emerged as a hot topic in science policy and bioethics as private companies and government agencies spend billions of dollars on genetic research and development in a race to identify, sequence, and analyze DNA from human, animal, and plant species. David B. Resnik's Owning the Genome explores the ethical, social, philosophical, theological, and policy issues surrounding DNA patenting and develops a comprehensive approach to the topic. Resnik considers arguments for and against DNA patenting and concludes that only a patent on a whole human genome would be inherently immoral, while the morality of other DNA patents depends on their consequences for science, medicine, agriculture, industry, and society. He also stresses the importance of government regulations and policies in order to minimize the harmful effects of patenting while promoting the beneficial ones.
Download or read book Reaping the Benefits of Genomic and Proteomic Research written by National Research Council and published by National Academies Press. This book was released on 2006-03-09 with total page 188 pages. Available in PDF, EPUB and Kindle. Book excerpt: The patenting and licensing of human genetic material and proteins represents an extension of intellectual property (IP) rights to naturally occurring biological material and scientific information, much of it well upstream of drugs and other disease therapies. This report concludes that IP restrictions rarely impose significant burdens on biomedical research, but there are reasons to be apprehensive about their future impact on scientific advances in this area. The report recommends 13 actions that policy-makers, courts, universities, and health and patent officials should take to prevent the increasingly complex web of IP protections from getting in the way of potential breakthroughs in genomic and proteomic research. It endorses the National Institutes of Health guidelines for technology licensing, data sharing, and research material exchanges and says that oversight of compliance should be strengthened. It recommends enactment of a statutory exception from infringement liability for research on a patented invention and raising the bar somewhat to qualify for a patent on upstream research discoveries in biotechnology. With respect to genetic diagnostic tests to detect patient mutations associated with certain diseases, the report urges patent holders to allow others to perform the tests for purposes of verifying the results.
Download or read book Patenting Genes written by Marta Díaz Pozo and published by Edward Elgar Publishing. This book was released on 2017-03-31 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book constitutes a fascinating and in-depth analysis of the significance of the requirement of industrial application within gene patenting and how this influences innovation in Europe and the US. The author addresses an area normally overlooked in biotechnology patenting due to the predominance of the ethical debate, and in doing so produces a unique approach to dealing with concerns in this field.
Download or read book The Genome Project written by United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Patents, Copyrights, and Trademarks and published by . This book was released on 1993 with total page 250 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Will Gene Patents Impede Whole Genome Sequencing written by Christopher M. Holman and published by . This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: A 2005 Science article by Jensen and Murray is widely cited for the proposition that 20% of human genes are patented, and has led to a pervasive assumption that thousands of human genes cannot be used, studied or even 'looked at' by researchers and healthcare providers without infringing a gene patent. Many have voiced concern that this perceived thicket of gene patents will impede the implementation of next-generation genetic technologies, particularly personal whole genome sequencing (WGS). In fact, Jensen and Murray only showed that, with respect to 20% of human genes known at the time they conducted their study, either (1) the DNA sequence of the gene, or (2) the amino acid sequence encoded by the gene, was mentioned in a US patent claim. The myth that 20% of human genes are “patented” has taken root because too many have incorrectly inferred that the mere “mention” of a gene in a patent claim precludes all uses of the gene. To better understand the actual implications of Jensen and Murray's findings, I analyzed the claims from a random sampling of 533 of the 4270 patents identified in their article as “gene patents.” I found that, under any reasonable interpretation, 140 of the 533 patents would not be infringed by any form of genetic testing. The remaining 393 patents include claims with respect to which I cannot rule out the possibility that at least some form of genetic testing would be found infringing. These claims fall into two categories - products claims directed to polynucleotides (e.g., DNA molecules), and method claims. The language used in these claims is extremely heterogeneous, and it is impossible to predict with any certainty exactly how broadly a court would interpret their scope if they were ever asserted in litigation, but to varying degrees a majority of these patents would appear not to be infringed by at least some, perhaps all, forms of genetic testing. In particular, few (if any) of these patents would appear likely to be infringed by some next-generation WGS technologies, particularly those that do not require DNA amplification. In short, there is absolutely no basis to infer from the Jensen & Murray article that personal WGS, and other multiplex genetic diagnostic testing technologies, would result in the infringement of a large number of human gene patents. To the contrary, it appears that a vast majority of these patents were drafted in a manner that would not encompass WGS.
Download or read book Gene Patents and Collaborative Licensing Models written by Geertrui van Overwalle and published by Cambridge University Press. This book was released on 2009-06-11 with total page 517 pages. Available in PDF, EPUB and Kindle. Book excerpt: The cost of patent licenses needed to design a new genetic test or treatment may ultimately prevent research projects getting started, as individual components are protected by different patent owners. This book examines legal measures which might be used to solve the problem of fragmentation of patents in genetics.
