Can Medical Facts Be Patented?
from the big-decisions dept
The current session of the Supreme Court will be deciding on some important patent-related issues. The battle between MercExchange and eBay over the 'Buy It Now' feature will be interesting, though equally intriguing is today's hearing in the case of Laboratory Corp. v. Metabolite Laboratories. We wrote about this case and the broadening scope of what is patentable, yesterday, but the specifics here deserve to be reinforced. Metabolite claims a patent on the discovery of a correlation between raised levels of the chemical homocystein, and a defficiency in two B-vitamins. This is a naturally occuring phenomenon, but the company demands a royalty any time a B-vitamin defficiency is tested using this knowledge. As the court itself has put it, the case revolves around whether a company can "claim a monopoly over a basic scientific relationship used in medical treatment". If so, we've noticed that legs tend to kick when a mallet hits the knee; it seems like a good way to test a patient's reflexes. Our application is in the mail.Thank you for reading this Techdirt post. With so many things competing for everyone’s attention these days, we really appreciate you giving us your time. We work hard every day to put quality content out there for our community.
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no they can't
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Re: no they can't
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Patents != Money
Computer Company C sees Medical Company A making money off of Medical Company B by suing claming patent hooey... and the cycle continues...
Once the seed of idiocy is planted, the stupid grass grows fast, and not even Logic Herbicides can get rid of that weed. This will continue until someone sets up some huge fine for legal cases involving patents that are thrown out due to lack of evidence/ forethought.
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and Porn!
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begs the question
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So individuals who patent must pay me royalties and subsequently pay royalties for paying royalties and so forth.
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look ma!
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Don't get jumpy.
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patents
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Re: begs the question
Secondly, if this patent wins out, we're in big trouble. Now pharmacutical (most likely spelled wrong) companies can charge the doctors AND the patients.
Pharmacutical company: We've noticed a relationship between our drug and this condition. If you take this drug, this condition lessens. Anytime you prescribe our drug to lessen this condition BASED on the fact that we told you what our drug does, we want a royalty.
Then they just go ahead and charge the patient for the drug as well.
Anybody who thinks this patent has any merit whatsoever should be shot in the head. Patenting an observation is retarded. Thank god patents didn't exist a really long time ago. When someone realized, "hey, we die when we suffocate cause we need to breathe to live," lucky for us they didn't go ahead and say, "hey, everybody, attention please! anytime you breathe based on the idea that not breathing causes death... i want money from you. Thank you, that is all."
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Re: Don't get jumpy.
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Re: begs the question
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Prior
DISCOVER != INVENT
This is a discovery of a fact, not an invention and, therefore, not patentable. Can someone please just explain this to the justices so that we can move on with our lives knowing that we won't have to pay a royalty every time we get sick?
"Well we found you have an elevated level of X, which would usually point to a certain disease, but if you want to know what it is it'll be an extra $50. If you can't afford it then you're fine and can be on your way."
*sigh*
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Re: Prior
Quite so. Columbus discovered America, Newton invented calculus.
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Independent scientist need to get paid
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Re: Re: Prior
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Re: Independent scientist need to get paid
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Independent scientists need to get paid
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Re: Re: Don't get jumpy.
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Think BIG
Think of all the patents GOD could get!!
I wonder who his attorney is?
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Re: Re: Independent scientist needs to get paid
Scientists today must remain shackled to massive institutions with expectations of loyalty. Hardly a world of invention and progress with 99.99% of humanity shut out, eh?
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Re: Re: Independent scientist needs to get paid
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Lawyers Vs. Everyone else
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On observation is simply the first step in the scientific process. Without an observation, a hypothesis, and perhaps later a theory, cannot be developed that might lead to a unique and "patentable" process.
The fact that an observation is not patentable is one of many reasons for a good deal of scientific secrecy and jealousy over the ages. Labs working in secret to develop a process, based on a unique idea (or observation) before the other guy.
For example, if I notice a correlation between vitamin B and raised levels of the chemical homocystein, I might want to keep that "observation" secret until I could develop an associated process.
My concluding point being I don't see how the whole scientific process can be distilled to its first step. That would be like saying, prior to the construction of the first car, that I have noticed motors will spin wheels. Would any process that then utilizes the observation that motors will spin wheels be subject to my patent?
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Mudak
Lawyers just do what their clients tell them to do.
It's not about lawyers, it's all about money, lawyers are just a tool to settle money disputes.
Would you prefer a revolver as a tool instead ?
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Re: Re: Prior
Acutally, Collumbus was a moron that lead to the Pillage of America from the Natives. Get your fact straight :-)
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Prior
Acutally, Collumbus was a moron that lead to the Pillage of America from the Natives. Get your fact straight :-)
Exactomundo. The friggin' idiot thought he was in India for cripes sake!
Columbus DID NOT "discover" America. Man, the idiocy level of some people is ridiculous.
So, I suppose whoever "discovered" the planet Jupitor [by observation, of course] ought to have been allowed to patent that planet, eh?
I "discovered" that when I pee a liquid comes out, so people that are trying to stop peeing by using my dicovery of correlation, owe me money because they can't stop pissing themselves now since I noticed the correlation between taking a leak and the leakage of urine into their trowsers, and can't afford my fee of $50 per oz.
Thank you.
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Acutally, Collumbus was a moron that lead to the Pillage of America from the Natives. Get your fact straight :-)"
"Anonymous Coward"="Zeroth404"
I really ouhta stop doing that.
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Re: Think BIG
A priest was accidentally sent to hell. When God realized that his gatekeeper made a mistake he asked the devil to send him to heaven. The devil refused. God said he'll sue. The devil said, "how are you going to win, all the lawyers are down here."
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