Sunday, July 05, 2009

Genetic Patent Battle in the Biotech Sector Intensifies : The ABA Law Journal Magazine Features Law and Technology in "Wrangling Genes"

Brendan L. Smith at the ABA Journal online Law News Now in the section on Science & Technology Law has a posting titled Law Trails Behind as Disputes Over Genetic Patents Intensify.

Read his full feature article in the ABA Journal magazine July 2009 issue at Wrangling Genes: As the law changes and new medical frontiers open, the dispute over genetic patents intensifies.

Interesting in this connection is the following observation from Patent Baristas:
"Gene Patent Fearmongering

The Slate ran an article about the evils of patent human genes. “Patents are meant to protect inventions, not things that exist in nature like genes in the human body,” quoting Christopher Hansen, an attorney for the American Civil Liberties Union in regards to their lawsuit to have gene patents declared unconstitutional. The Patent Office estimated that about 52,800 patents have been granted related to genes, fragments of genes, genetic processes and bits of DNA as small as a single letter change in the genetic code."

Recall that LawPundit has posted previously and quite definitely about the bad judgement involved in permitting the biotech patenting of human genes:

In re Kubin : Hitting the NAIL on the Head : Sequencing Poor Federal Circuit Court Decisions out of the Biotechnology Patent Genome via KSR and/or Bilski Reasoning

Federal Circuit affirms In re Kubin and puts sensible limits on Biotechnology Patents pursuant to the KSR obviousness standard, thus negating Deuel (and see the spirited comments and answers thereto at LawPundit II)

Patent Baristas Comments Extensively on In Re Kubin : The Use of Conventional Techniques to Arrive at an Obvious Result Does Not Make an Invention

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