JD MD william noonan, from firm klarqvist sparkman LLP

super awesome

patina of infallibility
genetic tests probability

http://en.wikipedia.org/wiki/Diamond_v._Chakrabarty

GM oil spill eating

why not used for BP or discussed????

http://en.wikipedia.org/wiki/Recombinant_DNA

http://en.wikipedia.org/wiki/Drug_Price_Competition_and_Patent_Term_Restoration_Act

for university fed grant title patent
http://en.wikipedia.org/wiki/Bayh%E2%80%93Dole_Act

http://www.pirateparty.org.uk/policies/copyright-and-patents/
from pirate party UK:
Pharmaceutical patents are a major problem for the world. We need to strike a better balance between the need to pay for drug research, and the need to end the postcode lottery that UK citizens suffer when patented drugs are too expensive for the NHS. We need to tackle the problem of preventable deaths in the third world caused by high price of patented drugs. We will achieve this by abolishing drug patents, which will reduce drug costs drastically, since all drugs will become generic. This will save the NHS a massive amount of money, and part of that saving will be used to subsidise drug research. The pharmaceutical industry currently spends around 15% of its patent drug income on research; we will replace that with subsidies to the value of 20%, increasing research budgets, while still saving the NHS money. This policy of making all drugs generic will create a massive opportunity for industry to make profits, employ more people, and save lives by encouraging the manufacture of newly generic drugs in this country for sale to the third world.

http://www.sciencemag.org/cgi/content/full/280/5364/698

do patents inhibit?
anticommons tragedy eisenberg

new useful and nonobvious

adrenaline purified

genomic dna in nature
synth patent
http://www.aclu.org/free-speech-womens-rights/aclu-challenges-patents-breast-cancer-genes-0

http://en.wikipedia.org/wiki/BRCA1

http://en.wikipedia.org/wiki/BRCA2

re DNA breast cancer
retention of informational content

PTO

patents invalid
penumbra of uncertainty

re research on the brca---
re canada

de facto regulation bc canada has control govt

keeps price down

case being appealed--
canada gets benefit---lower price

we are funding R&D for the world

reissues
prilosec
invalidated by the court
paying generic competitors to stay out of business


FTC
outlaw try
effectively extends life of the patent
cynical scenario
AZT and HIV
http://www.britannica.com/EBchecked/topic/46868/AZT


3rd world less regulation----
so more access

pirate party says then, 1st world over-focuses on cosmetic and psychotrop and cosmeceutical luxury meds for R&D then ignores more life and death---

million PTO backlog
investors waiting and waiting

europe evolving system
unified now

USA diff---then we might harmonize towards international patent standards

does the pridictive power
the effectiveness

mutation
no significant improvement

NIH
francis collins
http://en.wikipedia.org/wiki/Francis_Collins_(geneticist)
book
genetivcist

testing
misunderstanding

FDA is trying to stop the sale
prone to misinformation


genetics not destiny

Myriad ruling would give certainty
now: max uncertainty

lower court will be overturned

DNA patentable?

marc hatfield

testified before congress

recombinant advisory committee
http://oba.od.nih.gov/rdna_rac/rac_about.html

trademark symbol

patent machine

description copyright---the arrangement of the words

http://en.wikipedia.org/wiki/In_re_Bilski

The en banc Federal Circuit upheld the rejection, 9–3. The majority opinion by Chief Judge Paul Redmond Michel characterized the issue as whether the claimed method is a patent-eligible "process," as the patent statute (35 U.S.C. § 101) uses that term. While any series of actions or operations is a process in the dictionary sense of that term, the court explained, the Supreme Court has held that the statutory meaning is narrower than the dictionary meaning which "forecloses a purely literal reading." Patent-eligible processes do not include "laws of nature, natural phenomena, [or] abstract ideas." The limiting legal principle applies not just to processes, but to anything on which a patent is sought. As a trilogy of Supreme Court decisions on patent-eligibility from approximately three decades ago had taught, "Phenomena of nature, though just discovered, mental processes, and abstract intellectual concepts are not patentable, as they are the basic tools of scientific and technological work." ^[10] Therefore, the question was whether Bilski's process fell within any of the prohibited categories (that is, was a claim to a "principle"), and the underlying legal question was what legal tests or criteria should govern that determination when a claim is directed to a principle.

for hedging risk
machine test

reproduction of instructions---copyright---
ballet
songs

reduce incentive---
stem cell research moved faster in UK bc american patent law

culture concepts relevant to health


pharma $
USA meritocracy

demand volume
health system
study

private investor v. research govt funded


govt.
grants
NIH
national institute of health