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[News] Lawyers Wants Patents on Life, for Revenue; Death at Stake

  • Subject: [News] Lawyers Wants Patents on Life, for Revenue; Death at Stake
  • From: Roy Schestowitz <newsgroups@xxxxxxxxxxxxxxx>
  • Date: Thu, 27 May 2010 15:23:17 +0100
  • Followup-to: comp.os.linux.advocacy
  • Newsgroups: comp.os.linux.advocacy
  • User-agent: KNode/4.4.2
Hash: SHA1

Betting on Bilski: The Supreme Court and Biotechnology Patents

,----[ Quote ]
| Reviewing Bilski and the Biotech Patent 
| Landscape. Recall that Bilski involves a 
| form of method patent (the so-called 
| âbusiness methodâ patent) that claims a 
| method of hedging commodities prices by 
| setting up a relationship between a 
| regular seller (a coal mine, for example) 
| and regular buyer (a power company). The 
| question is whether such a method 
| constitutes patentable subject matterâthat 
| is, is the Bilski method the sort of ânew 
| and useful process, machine, manufacture, 
| or composition of matterâ that meets the 
| standards of Section 101 of the Patent 
| Act. In its 2008 en banc decision, the 
| Federal Circuit establishedâor re-
| established, since it had been lurking in 
| the case law for yearsâthe so-called 
| âmachine or transformationâ test for 
| method patents. Under this test, the 
| method must be tied to a particular 
| machine (whatever that means) or transform 
| some article into a different state or 
| thing in order to qualify as patentable 
| subject matter. According to the Federal 
| Circuit, Bilskiâs patent failed both 
| branches of the test.
| By contrast, in its 2009 decision in 
| Prometheus v. Mayo, the Federal Circuit 
| upheld a patent on âa method of optimizing 
| therapeutic efficiency for treatment of an 
| immune-mediated gastrointestinal 
| disorder.â The method comprises 
| âadministeringâ a specified drug to a 
| patient and then âdeterminingâ the level 
| of the drug in the patient. The remainder 
| of the claim specifies threshold levels of 
| the drugâs metabolites (the chemical 
| products of metabolism in the body) in the 
| patientâs blood below which the dose 
| should be increased (because of lack of 
| efficacy) and above which it should be 
| decreased (because of potential toxicity). 
| The court found that both administering 
| the drug and determining the metabolite 
| levels (by withdrawing and testing blood) 
| worked a sufficient physical 
| transformation of the body.


Synthetic life patents 'damaging'

,----[ Quote ]
| A top UK scientist who helped sequence the 
| human genome has said efforts to patent 
| the first synthetic life form would give 
| its creator a monopoly on a range of 
| genetic engineering.
| Professor John Sulston said it would 
| inhibit important research.
| US-based Dr Craig Venter led the 
| artificial life form research, details of 
| which were published last week.



Your genome isn't that precious â give it away

,----[ Quote ]
| A more radical approach - and one likely to appal the privacy advocates - is
| to throw off the shackles of privacy protection altogether. This is the line
| followed by Harvard Medical School's Personal Genome Project, which aims to
| make personal genome sequencing more affordable and accessible. The PGP
| obliges those who choose to participate to make their genetic data and other
| personal information available to researchers and the public.


Microsoft trying to patent studying evolution

Version: GnuPG v1.4.10 (GNU/Linux)


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