Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: Tired of Taxes; wagglebee
Under Diamond vs Chakrabarty (Diamond, Commissioner of Patents and Trademarks v. Chakrabarty. United States Supreme Court. June 16, 1980) you can patent genes and genetically modified organisms. Roe vs Wade, of course, made it legally impossible to distinguish between non-human (bacteria, plant, animal) and human genes, since the Court professed invincible ignorance concerning the question of "what is human"?

These two USSC cases, plus some subsequent rulings, make it possible for a researcher to "discover" a gene, meaning do original research on how it functions, and use this as a basis for patenting it. This is all recent caselaw, still developing. For a good overview. see The Impact of Human Gene Patents on Innovation and Access: A Survey of Human Gene Patent Litigation.

Biggest issue of the 21st century, and none of the candidates --- Clinton Obama, or McCain ---have spoken about it or given the least indication that they know one damn thing about it. Except we can probably assume they're all for it, since they're all in favor of ESSR.

15 posted on 04/02/2008 8:18:28 AM PDT by Mrs. Don-o (Mammalia Primatia Hominidae Homo sapiens. Still working on the "sapiens" part.)
[ Post Reply | Private Reply | To 12 | View Replies ]


To: Mrs. Don-o

Thanks for the information. Brave New World, here we are.


21 posted on 04/02/2008 8:56:23 PM PDT by Tired of Taxes (Dad, I will always think of you.)
[ Post Reply | Private Reply | To 15 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson