Patent

at all? Should gene patent holders be allowed to withhold genes at their will or should one be in charge of what happens to their own genes within their body? Michael Crichton, American best-selling author, who wrote “Patenting Life” and American economist and author John E. Calfee who wrote, “Decoding the Use of Gene Patents” both discuss the affects on people when gene patent holders come into the process of medical research. Crichton and Calfee both agree that gene patent holders have…

York Times, and John E. Calfee of American magazine delineate their opposing views of gene patenting in two separate essays. Crichton believes in the abolishment of gene patents, using ethics as the backbone of his argument in his op-ed piece “Patenting Life.” On the other…

recent study found that "university technology transfer activities continue to be predominately patent-centric and revenue-driven with a single-minded focus on generating licensing income and obtaining reimbursement for legal expenses." Current Bayh-Dole patenting and licensing practices have thus been criticized for creating unnecessary increases in consumer prices and for creating patent hold-ups and a patent "anticommons." The access-oriented goals of the Bayh-Dole Act would be fulfilled best…

In the afterword, Skloot discusses the commercialization of human tissue, the patents on various genes, and the fact that the companies who own the patents dictate what research is done on the genes. This is troubling for the reason that it limits the time in which scientists find a cure the genetic disease. One, in particular, is Myriad Genetics, the owner of the license…

Crichton believes that the ability to patent genes was a misstep in, what he describes as, “An underfinanced and understaffed government agency.” ( 441) The former Harvard medical student believes that this new up and coming practice was a result of a “misinterpreted” supreme court ruling. (441) He leads the reader to believe that getting genes patented is a relatively easy process. On the contrary, Calfee states that is actually quite arduous to obtain a patent. The staff economist elaborates…

Question 1. Ex-ante rationales like market reward cannot explain the meaning of patents system (Kesan, 2015). According to Kesan (2015), there are three economic rationales of ex-post of the patents system. First, patents system creates a basic market for inventors and buyers and make the whole innovation system more efficient. As a matured system, rules about how to apply, how to protect, and how to track these patents already existed. Therefore, when inventors or companies have something…

Patents are defined as exclusive rights granted by a government to an assignee or inventor for a certain period of time, up to 20 years, that means, the patent gives one the right to prevent others from benefiting from the invention in a commercial way, for instance, selling, using, and importing for a fixed period. But at the same time it is not a right to make, sell and use anything by the inventor (WIPO, 2008). In pharmaceutical applications, the patent must include details about the…

First, was the abuse of patent medicines, and the second was the association of drug use with minority groups (Levinthal, 2012). Patent medicines are drugs that are not registered with any government or federal agency (Levinthal, 2012). Subsequently, these patent drugs kept their ingredients a secret because they were not required to list their ingredients on the package. Manufacturers could make claims that their medications were a…

A.B. 361 was presented by Assemblyman Carrillo. The purpose of the bill is to address deceptive trade practices. Assemblyman Carrillo stated that section 1 of the bill would consider a deceptive practice on a company/business if that entity charges a fee to individuals who (1) simply want to update or change certain records such as billing or credit information and (2) to speak to a natural person as opposed to an automated telephone system. Another provision of the bill would change the font…

One of the toughest and not resolved legal and ethical issues in the field of patent law is thought to be the establishment of ‘the optimal means of distribution among biomedical researchers and their research participants of any rights in commercial products and revenues derived from human tissue’ (Gitter p.261). In consists in the fact whether a patient is granted a property right to a cell-line, particularly tissue, extracted from his body. Tissue itself is defined as ‘a collection of cells…