Archives for: February 2007

The End of Gene Patents?

Posted by Andrew on February 15th, 2007

There are many serious public policy objections to the patenting of DNA molecules. But the Patent Office has found it fairly easy to dismiss these objections with the response that until Congress and/or the courts change the patent laws, public policy considerations will be entitled to no weight in the patentability analysis:

"Whoever invents or discovers any new and useful ... composition of matter ... may obtain a patent therefor." 35 U.S.C. 101. Congress creates the law and the Federal judiciary interprets the law. The USPTO must administer the laws as Congress has enacted them and as the Federal courts have interpreted them. Current law provides that when the statutory patentability requirements are met, there is no basis to deny patent applications claiming DNA compositions, or to limit a patent’s scope in order to allow free access to the use of the invention during the patent term. (66 Fed. Reg. at 1095)

That's what makes this such an exciting proposal:

=> Read more!

Patent Reform: Again a Hot Topic in Congress?

Posted by Jay on February 14th, 2007

After the Senate bipartisan Patent Reform bill was introduced in August 2006 (see my earlier post), patent reform appeared to have taken a back seat in the new Congress in light of other pressing concerns such as the budget and the war in Iraq, but not for very long.

Members of the House Internet and Intellectual Property Subcommittee in the 110th Congress told Technology Daily that updating the patent laws will be their chief priority. California Democrat Howard Berman, the panel's chairman noted that too much time was being taken to get patents issued and "things being patented that shouldn't have been patented."

=> Read more!

An examination of the legal and technological structures that keep almost all of us voiceless, by Prof. Andrew Chin (who?) at the University of North Carolina School of Law and Prof. Jay Kesan at the University of Illinois College of Law

voiceless is a new blog. If you like what you've seen so far, please consider making voiceless a little less voiceless by adding a link to it from your blogroll!

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