Download or read book Stifling Or Stimulating The Role of Gene Patents in Research and Genetic Testing Scholar s Choice Edition written by United States Congress House of Represen and published by . This book was released on 2015-02-14 with total page 132 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work.As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.
Download or read book Stifling Or Stimulating written by United States. Congress. House. Committee on the Judiciary. Subcommittee on Courts, the Internet, and Intellectual Property and published by . This book was released on 2008 with total page 132 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Stifling Or Stimulating written by United States. Congress and published by Createspace Independent Publishing Platform. This book was released on 2018-01-21 with total page 130 pages. Available in PDF, EPUB and Kindle. Book excerpt: Stifling or stimulating : the role of gene patents in research and genetic testing : hearing before the Subcommittee on Courts, the Internet, and Intellectual Property of the Committee on the Judiciary, House of Representatives, One Hundred Tenth Congress, first session, October 30, 2007.
Download or read book Stifling Or Stimulating The Role of Gene Patents in Research and Genetic Testing Serial No 110 66 October 30 2007 110 1 Hearing written by United States. Congress. House. Committee on the Judiciary and published by . This book was released on 2008* with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Genetic Information written by Alison K. Thompson and published by Springer Science & Business Media. This book was released on 2007-07-23 with total page 331 pages. Available in PDF, EPUB and Kindle. Book excerpt: It is difficult to think of an example of an advancement in the biological sciences that has had an impact on society similar to that of the new genetics. Recent developments in biotechnology have occasioned much discussion among academics, professionals, and lay people alike. In particular, many questions and concerns have arisen over the acquisi tion, access, and control of genetic information. There are several reasons why the new genetics has commanded such widespread attention, and why it is now the subject of con siderable debate. Special reference is given in this volume to the implications of genetic information for five different subject areas: eugenics, the insurance industry, the commer cialisation of genetic testing, strategies for raising public awareness, and the value of theo retical ethical and sociological frameworks in the debate. This diverse collection of papers attempts to address and critically discuss issues surrounding the control of, and access to, genetic information from ethical, medical, legal, and theoretical points of view. The first and shortest section of the book attempts to address concerns over the eugenic potential of new biotechnologies. It also provides a historical context for the de bate, for controversy over the subject of eugenics predates the current debate over genetic information by a considerable length of time. Indeed, by the time the first patent was is sued for Chakrabarty's strain of oil eating bacteria in the early 1970s, the term eugenics had already acquired strong pejorative connotations.
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.
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 370 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 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 Genetic Patent Law and Strategy written by Kalyan C. Kankanala and published by Manupatra. This book was released on 2007 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: The ambiguity and uncertainty inherent in the field ofgenetic science poses challenges in the application oftraditional patent principles to genetic inventions. Thisbook unravels the complex doctrines of Patent Law.
Download or read book Seeing the Forest Through the Trees written by Tina Renee Saladino and published by . This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Patents prevent anyone but the patent-holder from manufacturing, using, or distributing discoveries and inventions for twenty years from the date of filing. In order to be patentable, an invention needs to be useful, non-obvious, and represent an original design or process rather than an abstract concept or item commonly found in nature. Patents related to genetics received their first legal test in 1980, when the U.S. Patent and Trademark Office (USPTO) granted protection to a genetically engineered bacterium that consumed oil and was useful in cleaning oil spills. The legality of this patent was affirmed in Diamond v. Chakrabarty, where the Supreme Court observed that although “[t]he laws of nature, physical phenomena, and abstract ideas” were not patentable subject matter under § 101, the claimed invention in the case was distinguished from nature as “a product of human ingenuity having a distinctive name, character and use.” The Court held that although the invention comprised a living thing, the patentee had produced a new bacterium with “markedly different characteristics” from the original. The bacterium was, therefore, “not nature's handiwork but [the patentee's] own.” Although Chakrabarty settled the question of whether manufactured genes can receive patent protection, it did not address the patentability of naturally occurring genes. In the absence of such definitive legal guidance, the USPTO routinely issues patents on human deoxyribonucleic acid (DNA) sequences, reasoning that the material has been purified from its natural form through human intervention and is thus sufficiently “touched by man” to be beyond the scope of nature. From 1980 to 2009, the USPTO issued between 3,000 and 5,000 patents on human genes, encompassing nearly 20% of the human genome. In addition, the USPTO has issued nearly 50,000 patents involving human genetic material, yet the fundamental validity of such patents has never been reviewed until now. In March 2010, a district court decision in New York brought attention to the role of gene patents in the advancement of biomedical research. In Association for Molecular Pathology v. United States Patent and Trademark Office (“AMP”), the Southern District of New York enforced a strict standard for subject matter patentability by invalidating seven patents relating to the human breast cancer genes BRCA1 and BRCA2 (collectively “BRCA”). The court reasoned that not only were the coding sequences and mutations of BRCA results of natural phenomena but that, the purified forms of BRCA maintain essentially the same structures and functions as their natural forms and therefore fall outside the scope of patent law protection. Although the decision primarily addressed the patent's subject matter, the court also noted the possible social implications resulting from how patents affect access and innovation in biomedical research. Contrary to concerns raised by the plaintiffs in AMP, empirical studies indicate that gene patents do not impede access to biomedical research data or play a significant role in influencing the topics of research that scientists choose to pursue. These results suggest that while gene patents do not impede innovation, they may not be necessary for it either, at least at the foundational level. Some scholars still maintain, however, that patent protection is necessary to ensure adequate funding for further research, development, and marketing of their innovations. This Note focuses on the role of patent law in encouraging or discouraging innovation in the field of biomedical research. Specifically, this Note analyzes the policy justifications underlying gene patents and explores whether these justifications validly apply to the patenting of the BRCA gene. Part I establishes a basic understanding of patents, genes, and gene patents. Part II provides greater detail regarding the arguments and holding in the AMP case. Part III introduces the traditional rationales for patent protection and applies them to gene patents. Part IV considers the concerns surrounding gene patents and whether these concerns are realistic given the results of empirical studies on the relationship between patents and biomedical research. Part IV also examines whether the district court's holding in AMP is consistent with the policy goals behind intellectual property rights and the reality of the industry. Finally, this Note concludes that, in general, patents do not impede upon innovation. However, the broad issuance of composition claims, such as those held by Myriad in AMP, may block research in areas of study that the patent holder is not pursuing (such as therapeutics). This Note suggests that this issue could be resolved by narrowing the focus of the patent claim to the application of the gene composition, rather than the composition on its own.
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 Gene Cartels written by Luigi Palombi and published by Edward Elgar Publishing. This book was released on 2009 with total page 411 pages. Available in PDF, EPUB and Kindle. Book excerpt: It s really excellent: an invaluable source of information and highly readable too. Sir John Sulston, University of Manchester, UK and Winner of the 2002 Nobel Prize in Physiology or Medicine . . . this is a book that every policymaker even remotely connected to issues of patents, economics, and biotech should read. This book is essential ammunition for those who oppose gene patenting, and lays out the legal case expertly. David Koepsell, Delft University of Technology, The Netherlands, reviewed in SCRIPTed The book is of interest to judges, patent attorneys and lawyers and policy-makers in this field. . . The first part is a fascinating and well researched historical study of patenting. . . The second part of the book is interesting and the author raises some very important points. . . a very valuable contribution to the debate of the scope of patent monopolies. David Rogers, Legal Member, Boards of Appeal, European Patent Office, Germany, reviewed in European Intellectual Property Review Gene Cartels is a truly magisterial and important book. It shows how we need to bring together the discrete threads around intellectual property law (ie patent, copyright, etc) so there can be a clear spotlight on the important public policy issues. Terry Cutler, Principal, Cutler & Company and Chair, Review of the National Innovation System, Australia . . . provides an estimable addition to a growing library of texts diagnosing the maladies of the existing IPR system and offering well attested cures. [It] demands the widest possible readership not just amongst the IPR community, but amongst economists and social scientists, policy officials in both developed and developing countries, and business people everywhere. John A. Mathews, LUISS Guido Carli University, Italy Gene Cartels is a valuable book for the scientist providing, in an elegantly scholarly style, deep insights into the origins, history, evolution and current status of patent systems. It also discloses features that can lead, in effect, to a misuse of power. From the foreword by Baruch S. Blumberg, Fox Chase Cancer Center, Philadelphia and University of Pennsylvania, US and Winner of the Nobel Prize in Physiology or Medicine 1976 Starting with the 13th century, this book explores how patents have been used as an economic protectionist tool, developing and evolving to the point where thousands of patents have been ultimately granted not over inventions, but over isolated or purified biological materials. DNA, invented by no man and once thought to be free to all men and reserved exclusively to none , has become cartelised in the hands of multinational corporations. The author questions whether the continuing grant of patents can be justified when they are now used to suppress, rather than promote, research and development in the life sciences. Luigi Palombi demonstrates that patents are about inventions and not isolated biological materials, which consequently have no bona fide purpose in the innovations of biotechnological science. This book will be important reading for anyone who has an interest in the role that patents have played in economic development particularly historians, economists and scientists. It will also be of great interest to law academics, lawyers, judges and policymakers.
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 260 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 Gene Patents and Collaborative Licensing Models written by Geertrui Van Overwalle and published by . This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Concerns have been expressed that gene patents might result in restricted access to research and health care. The exponential growth of patents claiming human DNA sequences might result in patent thickets, royalty stacking and, ultimately, a 'tragedy of the anti-commons' in genetics. The essays in this book explore models designed to render patented genetic inventions accessible for further use in research, diagnosis or treatment. The models include patent pools, clearing house mechanisms, open source structures and liability regimes. They are analysed by scholars and practitioners in genetics, law, economics and philosophy. The volume looks beyond theoretical and scholarly analysis by conducting empirical investigation of existing examples of collaborative licensing models. Those models are examined from a theoretical perspective and tested in a set of operational cases. This combined approach is unique in its kind and prompts well founded and realistic solutions to problems in the current gene patent landscape. • Descriptions of major models currently used to deal with patent thickets enable the reader to develop a complete view of the models and evaluate existing operational examples • Case studies describe how each model functions, and the critical evaluations enable the reader to compare the advantages and disadvantages of the various models • Concluding chapters analyse and compare solutions put forward by the various authors, thereby examining openings for the future.
Download or read book Who Owns You written by David Koepsell and published by John Wiley & Sons. This book was released on 2015-06-15 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 Patenting Medical and Genetic Diagnostic Methods written by Eddy D. Ventose and published by Edward Elgar Publishing. This book was released on 2013-01-30 with total page 233 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'On the heels of his earlier work Medical Patent Law – The Challenges of Medical Treatment, Ventose makes another significant contribution to the literature. In his earlier work, he devoted a chapter to medical patents under US law. In Patenting Medical and Genetic Diagnostic Methods he expands that chapter into an entire text. No easy feat, to be sure. Nonetheless, his "treatment" of the jurisprudential terrain is sophisticated and rigorous. Scholars, practitioners and students seriously interested in the evolution of medical patents under US law will find Ventose's latest work to be invaluable.' – Emir Crowne, University of Windsor, Canada, Law Society of Upper Canada and Harold G. Fox Intellectual Property Moot 'This work provides a timely exploration of patent battles over biotechnology, medicine, diagnostic testing, and pharmacogenomics. Such conflicts are critically important at the dawn of a new era of personalised medicine.' – Matthew Rimmer, The Australian National University College of Law and ACIPA, Australia 'The debate on the patent eligibility of diagnostic and medical methods has raged recently in the United States and there seemed to be far less certainty about the outcome than in Europe. Gene patents for diagnostic methods clearly stirred the debate, but this is not a new debate. It goes back a century. This book gets to the bottom of the debate and provides an in depth insight, both of the history and of the recent developments. A fascinating tale. . .' – Paul Torremans, University of Nottingham, UK This well-researched book explores in detail the issue of patenting medical and genetic diagnostic methods in the United States. It examines decisions of the Patent Office Boards of Appeal and the early courts on the question of whether medical treatments were eligible for patent protection under section 101 of the Patents Act. It then traces the legislative history of the Medical Procedures and Affordability Act that provided immunity for physicians from patent infringement suits. After considering the Supreme Court's jurisprudence on patent eligibility, the book then comprehensively sets out how the Federal Circuit and the Supreme Court have dealt with the issue, paying close attention to the Supreme Court's recent decision in Bilski and Prometheus. Being the first book to comprehensively cover patenting medical methods, it will appeal to patent agents, patent attorneys, solicitors and barristers working in patent and medical law worldwide, medical practitioners and healthcare professionals, in-house legal and regulatory departments of pharmaceutical companies. Researchers and managers in the chemical, medical, pharmaceutical and biotechnology industries, as well as academics specializing in medical law or patent law, will also find much to interest them in this book.
