Tag Archives: isolated DNA

Banning Gene Patents Will Promote Innovation?

Hampton Roads Partnership

Abolishing gene patents will deter, not promote, innovation, as the patent eligibility of isolated DNA molecules provides incentives necessary for development of life-enhancing diagnostics and therapeutics. R&D to identify genes, their sequences, genetic variations, and their disease  correlation is very costly. Claims like those of the patents at issue in the Myriad Genetics lawsuit have been a key foundation supporting the massive investment of time and capital that is necessary to bring life-enhancing DNA-based diagnostics Read More >

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Is the Myriad Case Decision and/or the DOJ Brief TRIPS Compliant?

Judge Sweet seemed to dismiss Myriad’s constitutional taking and TRIPS claims by indicating: “Finally, Myriad’s suggestion that invalidating the patents-in-suit would constitute an unconstitutional taking in violation of the Fifth Amendment of the Constitution or a violation of the United States’ obligations under the Agreement on Trade-Related Aspects of Intellectual Property Rights (“TRIPS”) is unpersuasive. Myriad’s novel taking argument runs counter to a long history of invalidation of patent claims by the courts and is unsupported by legal Read More >

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