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| Authored by: Anonymous on Tuesday, April 16 2013 @ 09:09 AM EDT |
Disclaimer: my legal education comes from watching television and reading
Groklaw (not necessarily in that order), so my observations are just the opinion
of a layman.
"But we are not talking about patenting a new drug here. This is about
using a common, well established process to isolate a gene, then patenting the
isolation of that gene."
Counter-argument: New drug, new molecular subset of DNA molecule, same thing.
"Composition of matter."
"It's like gettin a patent on using a pocket calculator ..."
Counter-argument: No, that would be a process patent, not a
composition-of-matter patent.
"If Myriad have shutdown all alternatives to their lab for
people to get a second opinion and that getting a second opinion is key to
getting an accurate result, doesn't Myriad now have an obligation to be 100%
accurate in their results?"
Counter-arguments:
a) You can have the 2nd, 3rd, 207th opinions you want, provided that Myriad or
their licensees (should any such licensees exist) administer the genetic
testing.
b) I have no doubt that Myriad requires clients to acknowledge a multitude of
disclaimers that specifically do NOT obligate them to realize 100% accuracy. You
want the service, you take the chance.
The battles are being fought in courts-of-law, where common sense and justice
are just the occasional by-products of strict adherence to procedure and
precedent.
For the record, this anonymous poster is vehemently opposed to the patenting of
naturally-occuring genes.
[ Reply to This | Parent | # ]
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| Authored by: Anonymous on Wednesday, April 17 2013 @ 09:38 AM EDT |
No, I suggest an alternative route. As a cancer survivor and having had numerous
medial procedures (I was a combat veteran), I have seen many legal cases where
the deceased had signed a waiver before undergoing a procedure that later, it
was discovered, had either killed them or lead directly to their death, yet the
survivor's dependents successfully sued and won with a judgment or a settlement.
No matter how despicable the methods are that are being used by companies
getting gene patents, being the targets of money hungry ambulance chasers,
working on contingency, can tend to interfere with the smooth running of day to
day operations of any company.[ Reply to This | Parent | # ]
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