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U.S. may end patents on DNA: report
MarketWatch ^ | Oct. 30, 2010, 1:12 p.m. EDT | Christopher Hinton

Posted on 10/31/2010 7:56:21 AM PDT by Ernest_at_the_Beach

NEW YORK (MarketWatch) -- The U.S. may put an end to patents for human DNA and other genes, potentially changing the way biotechnology companies develop new drugs, the New York Times reported late Friday. In a brief filed by the Department of Justice, the U.S. concluded genes are a part of nature, and therefore not an invention, the newspaper reported.

(Excerpt) Read more at marketwatch.com ...


TOPICS: Business/Economy; Science
KEYWORDS: biotech; patents

1 posted on 10/31/2010 7:56:24 AM PDT by Ernest_at_the_Beach
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To: neverdem

fyi


2 posted on 10/31/2010 7:56:56 AM PDT by Ernest_at_the_Beach ( Support Geert Wilders)
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To: Ernest_at_the_Beach
In a brief filed by the Department of Justice, the U.S. concluded genes are a part of nature, and therefore not an invention, the newspaper reported.

Every part of every material object was, at some point, "a part of nature." It's what is done with them in a unique way that is patentable. Sounds like another way the Obama in-Justice Department is using to undermine American excellence.
3 posted on 10/31/2010 8:01:06 AM PDT by aruanan
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To: Ernest_at_the_Beach

Sounds like another Obama nail in the coffin of American exceptionalism and private enterprise to me.


4 posted on 10/31/2010 8:09:04 AM PDT by penelopesire ('Obama's Wars' are with our own military..Bush's Wars were with our enemies!)
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To: Ernest_at_the_Beach; aruanan
I thought that was settled by the Supreme Court in Diamond v. Chakrabarty (1980) that if a gene or an organism is truly "man-made," e.g. genetically engineered, then it is indeed patentable.

How can they overturn tens of thousands of patents issued over the past 30 years?

5 posted on 10/31/2010 8:09:11 AM PDT by Mrs. Don-o (In theory. there's no difference between theory and practice. But in practice, there is. -Yogi Berra)
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To: Mrs. Don-o
How can they overturn tens of thousands of patents issued over the past 30 years?

Prior art. There were billions of years of evolution.

6 posted on 10/31/2010 8:42:14 AM PDT by glorgau
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To: Mrs. Don-o

I think they’re referring to natural i.e. non bio-engineered DNA sequences. It’s about time to.


7 posted on 10/31/2010 8:59:45 AM PDT by eclecticEel (Life, Liberty, and the Pursuit of Happiness: 7/4/1776 - 3/21/2010)
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To: Ernest_at_the_Beach
All you have to do is file a patent on a sequence of nucleotides, and nobody can do any research on that "DNA" without paying a royalty to you.

That sounds more like barratry than science or engineering, to me.

Patenting Life, by Michael Chrichton

8 posted on 10/31/2010 9:03:09 AM PDT by E. Pluribus Unum ("The only stable state is one in which all men are equal before the law." -- Aristotle)
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