How the hell are genes allowed to be patented?

[Ninjahedge]

Or, someone makes a strain that is "greener", patents the genome, and then fertilizes some of their own privately held crops.

Bring in an "independent investigative team", point them at the area that was dusted, and let the fun begin!

 

[woolfe9999]

Here's a better article:

Justices Send Back Gene Case

This is about the same thing as issuing an opinion to overturn it. They sent it back to the lower court to reconsider in light of a recent ruling of there's. As a practical matter, that means a reversal of the lower court's decision 100% of the time. The reason they do it that way is because they feel their prior decision disposes of that case and they don't want to write a second opinion on the same topic.

 

[CanOWorms]

This is about the same thing as issuing an opinion to overturn it. They sent it back to the lower court to reconsider in light of a recent ruling of there's. As a practical matter, that means a reversal of the lower court's decision 100% of the time. The reason they do it that way is because they feel their prior decision disposes of that case and they don't want to write a second opinion on the same topic.

Maybe with a normal Court of Appeals, but the Federal Circuit has a bit of contempt for the Supreme Court. A similar situation occurred with the recent ruling. Might have to wait until 2014 now.

 

[hal2kilo]

I was reading up on the Henrietta Lacks story (an interesting story unto itself) and came across this article that was written by the author who wrote the book on Henrietta Lack and her immortal cells.

The basic gist of it is that companies are rushing out to patent human genome disease/cancer sequences and are charging hefty licensing fees to do research and testing using those patented sequences. These license fees are sometimes so much that it discourage scientists from doing further research into those areas for fear of patent violations (read: litigation).

But seriously, how can our patent system allow someone to patent something that the company didn't create/invent but occurs naturally? All they did was isolate it. On the flip side, can my family sue the disease's patent holder if I were to die from THEIR disease even though I acquired it naturally?

What is lobbying congress by Monsanto, Alec.

 

[rudder]

But seriously, how can our patent system allow someone to patent something that the company didn't create/invent but occurs naturally? All they did was isolate it. On the flip side, can my family sue the disease's patent holder if I were to die from THEIR disease even though I acquired it naturally?

The same way a company can patent slide to unlock.. someone lets them. At least in this case it sounds like the courts will take the correct course of action. I mean what kind of greedy bastard wants to license DNA sequences and charge licensing fees for research?

 

[woolfe9999]

Maybe with a normal Court of Appeals, but the Federal Circuit has a bit of contempt for the Supreme Court. A similar situation occurred with the recent ruling. Might have to wait until 2014 now.

I've never heard of a higher court remanding a case for reconsideration in light of a particular ruling and it not resulting in a reversal of the decision. It is basically an instruction from the higher court to reverse. If the lower court does not reverse, the case would go right back to the higher court which would then issue an opinion reversing the lower court and likely criticizing the lower court judges for disregarding their instruction, which would be an embarrassment.

In this case, the genes will not be patentable.

 

[CanOWorms]

I've never heard of a higher court remanding a case for reconsideration in light of a particular ruling and it not resulting in a reversal of the decision. It is basically an instruction from the higher court to reverse. If the lower court does not reverse, the case would go right back to the higher court which would then issue an opinion reversing the lower court and likely criticizing the lower court judges for disregarding their instruction, which would be an embarrassment.

In this case, the genes will not be patentable.

Welcome to the world of the Federal Circuit. I believe 1 of the 2 cases that were previously sent back was Prometheus itself, and the CAFC still upheld the validity of the patents.

 

[Moonbeam]

China will fix this. They have nuclear weapons and know how to say fuck you.

 

[Craig234]

Read up on Monsanto's genetically modified crops, among other things with a patented gene so they can't be used for seeds and you have to buy new seeds each crop.

 

[Ninjahedge]

And that is an advancement for the betterment of mankind...how?