Explore Newsletters from ECT News Network » View Samples | Subscribe
Welcome Guest | Sign In
E-Commerce Times TechNewsWorld CRM Buyer LinuxInsider

E-Commerce Times Talkback

ECT News Community   »   E-Commerce Times Talkback   »   Re: Putting a Patent on Human Genes

Re: Putting a Patent on Human Genes
Posted by: C. Donald Brown 2010-03-06 07:03:59
See Full Story

While patent practitioners are well familiar with and accepting of the phrase that patentable subject matter may include "anything under the sun that is made by man," the U.S. District Court for the Southern District of New York recently heard arguments that may call the rationale behind that famous quote -- or rather infamous quote -- into question. The Plaintiffs argue that patents should not be awarded for the discovery of an "ancient secret of nature." Every invention in the history of man involves something to do with nature, counter the Defendants.

Myriad Genetics/Gene Patents case
Posted by: TechLaw_Elman 2010-03-06 07:28:00 In reply to: C. Donald Brown
Nice article, Don, with helpful background.

However, I'd like to clarify your mention of 35 U.S.C. 287(c) as an example of a change of what's "statutory subject matter." In fact, it's an example of the opposite. When Congress passed that law, they didn't tinker with what is or isn't patentable subject matter but just made certain kinds of patent claims (to a defined category of "medical activities") unenforceable against medical professionals and "related health care entit[ies]."

For a further discussion of this hearing, see the posting by my colleague Scott Powell and myself at http://elman.com/2010/02/aclu-lawyers-face-off-against-the-u-s-patent-office-and-myriad-genetics/
Jump to:
How does the quality of customer service delivered by government compare to that of the private sector?
Government customer service is far superior.
Government customer service is slightly better.
Government and private sector customer service are about the same.
Private sector customer service is slightly better.
Private sector customer service is far superior.