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Gene patents probably dead worldwide following Australian court decision

arstechnica.com

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Re: Gene patents probably dead worldwide following Australian court decision

#4

> This is a result that will have major practical consequences, and is likely to save thousands of lives. No, companies will stop doing research now.

If companies stop doing research then the research can be done by universities or similar institutes.

Re: Gene patents probably dead worldwide following Australian court decision

#5

> This is a result that will have major practical consequences, and is likely to save thousands of lives. No, companies will stop doing research now.

More likely they'll come up with a rhetorical workaround that makes perfect sense to judges, patent attorneys, and poorly-informed juries from the Australian equivalent of East Texas.

With software patents, for instance, there may be no way to claim ownership of Algorithm X in a given jurisdiction's patent system, but there's probably no obstacle to claiming "A machine that executes Algorithm X." The problem then becomes tractable: just write the claims in such a manner that they cover all practical implementations of such a machine, present or future.

It will now be the job of the company's patent counsel to come up with a similar artifice to claim ownership of any conceivable test or diagnostic process that involves specific BRCA genes. I'm sure they'll pull it off, somehow.

Failing that, the company's lobbyists will simply ensure that the next regional or global trade agreement mandates that each ratifying nation implement gene patents.

Re: Gene patents probably dead worldwide following Australian court decision

#7

> This is a result that will have major practical consequences, and is likely to save thousands of lives. No, companies will stop doing research now.

You know. I can live with that, even if it's true.

You know what I cannot live with? My genes being owned by somebody else.

Re: Gene patents probably dead worldwide following Australian court decision

#8
I think this press [1] release of the institut curie gives a lot of information. other press release can be find here [2].

[1] http://www.institut-curie.org/sites/default/files/myriad-gen... [2] http://www.institut-curie.org/press-release/by-type/377

Re: Gene patents probably dead worldwide following Australian court decision

#9

I think this press [1] release of the institut curie gives a lot of information. other press release can be find here [2]. [1] http://www.institut-curie.org/sites/default/files/myriad-gen... [2] http://www.institut-curie.org/press-release/by-type/377

That's dated 2008?
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