To the best of our knowledge, the owners of the overwhelming majority of issued gene patents have not aggressively enforced their rights against clinical molecular diagnostics laboratories. Apo-E is also used for the assessment of cardiovascular risk, but this use has not been patented. Gene patents slow the pace of medical advance on deadly diseases.
Finally, patents can issue on the same exact molecular test when it is performed for different diagnostic or prognostic purposes. Laboratory Medicine in the 21st Century. US Patent No 6, Functional Use Finally, a third and emerging class of gene patents is that which claims the functional use of a gene.
This overview is centered on US patent law and what is known about how gene patents are being used in the US. As a colleague stated it, research on the invention should be exempt while research using the invention is infringement [P.
InOtto Warburg suggested that the cells become cancerous by changing the way they get energy. In contrast to trade secrets which must be kept secret by their owner and do not protect against independent inventionpatents require disclosure that teaches the world how to make and use an invention, rewarding the inventor with a period of exclusivity during which time profits may be earned from its commercialization.
Some data have been generated about the licensing of biotechnology patents. Patents on human genetic compositions of matter cover a broad array of chemicals and technologies. And soon a genetic test for predisposition to breast cancer will significantly drop in price.
The human body is alive and functioning expense of energy from food consumption. Disease genes are not patentable: Gene patents cover three distinct types of invention: Further, some diseases at least the phenotypic expressions of them are caused by multiple genes, such as Charcot-Marie-Tooth disease [ 13 ].
The fact that competition occurs is shown by a simple example: Some of the problems discussed have begun to spill over to Europe, Canada and Australia, as discussed elsewhere in this issue.
Diagnostic testing fails the test: As the results of the Human Genome Project redefine health care, these issues take on importance for everyone. Upon award of the patent, Ariad sued Eli Lilly for infringement by their osteoporosis drug Evista and their sepsis drug Xigris and has asserted the patent against numerous other companies.
In mitochondria, as scientists have recently discovered, there is another important role. Fortunately, in only a handful of cases, patent owners have refused to grant licenses to laboratories to allow them to perform specific tests. The difference between the Viagra case and the Cox-2 case is that Pfizer actually has and claims a specific class of drugs that work by the claimed functional pathway.Custom Issues Analysis on Gene Patents Essay Recently in two U.S.
courts were successfully challenged the patents on two human genes.
This is an important event in the history of medicine. The Debate Over Gene Patenting Essay Words | 11 Pages. and less publicized race to patent as many human genes as possible.
The patenting issue gained some attention when President Bill Clinton and Prime Minster Tony Blair jointly called for the release of. - Patent protection in Malaysia is governed by the Patents Actand is obtainable by either or filing a direct national application or entering the national phase.
Human gene patents result from the cloning and description of the sequence of a gene, the role or function of which is somewhat understood. As cloning and sequencing capabilities rapidly evolved in the s, patent applications on human genes were filed in increasing numbers.
Open Document. Below is an essay on "Gene Patent" from Anti Essays, your source for research papers, essays, and term paper examples. The Pros And Cons Of Life Form Patenting Philosophy Essay. Print Reference this. Published: 23rd March, It was argued that patenting human genes would amount to owning property right in the human body was against basic ethical standards.
The patent however was granted by overweighing the ethical objections as well as the claim to.Download