John Ben DeVette's Blog

Thoughts experiences & learnings about the world of academic publishing …

PATENT to Human Genome Ruled INVALID – Major Victory for the PUBLIC KNOWLEDGE MOVEMENT

A new ruling by the New York federal court declared illegal and invalid the Myriad Genetics and the University of Utah Research Foundation owned patents to the BRCA genes . The patent was restricting both scientific research and patients’ access to medical care. The lawsuit filed by ACLU and the Public Patent Foundation argued that patents on human genes violate the First Amendment and patent law because genes are “products of nature.”

20% of the 2000 human genes (gene maps) have already been patented. These patents prevent anyone from further research into the patented gene without permission or paying a royalty to the patent owner. All existing gene patents will likely be reviewed, and many overturned.

BRCA genes are known to be associated with hereditary breast cancer and ovarian cancer. Myriad & Univ of Utah’s patent to the BRCA gene was severely limiting competitive research into the causes of breast cancer and the development of new methods for detection and prevention of breast cancer.

Daniel B. Ravicher, Executive Director of PUBPAT and co-counsel in the lawsuit said: “No one invented genes. Inventions are specific tests or drugs, which can be patented, but genes are not inventions.”

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30 March 2010 Posted by | Patent Copyright Intellectual Property IP, Scholarly Communication | , , , , , | Leave a comment

Selling E-book Readers in China. Using Patent Laws to restrict competition. A Lesson from the DVD player.

I expect China will plan to use its own local technology for e-book readers. This is what they did for DVD players several years ago. The government created a new and unique standard for the type of laser that must be used in Chinese DVD machines. The standard is different from the rest of the world. The result is all locally sold DVD players, even if manufactured by a foreign-owned factory located in China, have to use Chinese technology in order to be Chinese compliant, and therefore everyone has to pay a royalty to the Chinese patent owner of the “new” DVD standard. The problem is the standard was not decided by open market forces, but rather has been artificially created and legislated into existence by the Chinese government.
The future demand for e-book readers in China will be huge. China Mobile, the world’s largest cellular company, has already announced it intends to dominate the e-reader market and plans to use Chinese technology.

19 November 2009 Posted by | Uncategorized | , , , | Leave a comment

   

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