Wish I Could Save Your Life, But That Kind Of Surgery Is Patented...
from the apparently,-it-will-never-stop dept
Patent madness keeps on growing as patent attorneys keep trying to convince people in all different professions that patents are an important strategy to "protect" their interests. It explains the ridiculous explosion in patents in areas that never would have bothered with patents in the past. That's why we see things like tax strategies being patented. Now, Marc has alerted us to an alarming rise in patents for surgery techniques, once again being pushed by patent attorneys. It seems that medical device companies were getting rich patenting their equipment and patent attorneys realized an even better route was to talk to surgeons themselves, convince them to patent any new kind of surgical technique and then sue any device maker who created devices for those types of surgeries. Never mind that lives may be at stake, there's more money to be made and the patent attorneys are thrilled.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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Filed Under: patents
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and the laughing
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Re: and the laughing
IMHO vagina anus penis feces.
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Re: Re: and the laughing
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Hype without backup
I wish you'd stick to facts instead of generating sensational titles.
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Re: Hype without backup
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re: Hype without backup
Nobody said anything about suing the doctors.
I think the facts are pretty well represented here.
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Re: re: Hype without backup
It seems that medical device companies were getting rich patenting their equipment and patent attorneys realized an even better route was to talk to surgeons themselves, convince them to patent any new kind of surgical technique and then sue any device maker who created devices for those types of surgeries.
Becasue frankly if this were about doctors stockpiling for a patent war amongst themselves it would not be a tech issue.
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Complete Bullshit
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Re: Complete Bullshit
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Re:
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Re:
Right on! The problem is that this is completely sensationalist, and now you're getting morons posting about something just from the headline, not reading the abstract and certainly not checking out the articles.
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What I want to see...
I can just imagine now:
Someone will patent a device that is inserted into the chest and assists the heart in keeping a proper rhythm.
Next will be a patent on a device that monitors your vital statistics while you are unconscious during surgery.
And before you scream that no one would dare patent such an obvious device remember that some webiste tried to patent the concept of "purchasing items over the internet".
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You think there aint
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Re: What I want to see...
The hospitals still have to buy the devices; and yes, most of them are patented. And for good reason too.
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Re: Re: What I want to see...
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This is absolutely...
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TechDirt: Patents=Evil
I like coming here, but I think there should be a little more thoughtful discussion about patent issues from Mr. Masnick.
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Re: TechDirt: Patents=Evil
It's not knee-jerk or inflammatory. We've backed up our position repeatedly with quite detailed support. If you have a problem with it, why don't you point out where the problem is?
If you think people are abusing patent law in the medical field, perhaps you should be pointing your venom at the doctors that initiate these lawsuits.
The article itself makes it clear that it's the patent lawyers who have been pushing for this, and we've pointed to numerous examples in the past where it's the patent lawyers initiating this.
I like coming here, but I think there should be a little more thoughtful discussion about patent issues from Mr. Masnick.
If you provide a specific example that would help, but I've tried to be as detailed as possible, and I'm at a loss as to what the problem is in this case.
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It makes sense
So you spend millions in R&D and after anyone can use your R&D ?
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exclusivity
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Kill patents!
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Re: Kill patents!
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Re: Re: Kill patents!
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Greed
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unimpressed
But back to this article, the surgeon or hospital would 'own' the intelectual property for a technique, but it would be unenforcable to stop a equipment manufacturer from producing the tools to replicate the technique...
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Oh look, Mikes back with more sensationalist headl
Not glad to see you're back.
So I guess this compares to "Wish I could save your life, but that medicine is patented"
"Wish I could fix your car, but the part is patented"
"Wish I could sell you an iPhone, but it is patented"
Because no one ever licenses patents, right?
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Re: Oh look, Mikes back with more sensationalist h
Actually, no, this doesn't compare. This isn't about those who invent the device patenting it, but doctors patenting surgical techniques and then preventing device makers from making devices that perform that surgery. That's quite different.
But, your other points don't really support your position either, because why should markets be limited with monopolies when they hurt the market? That's not good for anyone.
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Most new tech device create new surgical procedure.
When a company create the device with the help of the surgeons, they are often (surgeons) included either in the patent or with Royalties.
You would prefer everybody stealing the R&D of everybody ?
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Re:
That makes two huge assumptions, both of which are wrong. You can't "steal" an idea, you can only copy it. Also, it assumes that only one person can come up with an idea and they therefore deserve a monopoly on it. Neither thing is true and therefore your statement doesn't make much sense.
Companies should compete in the marketplace and you don't need a patent to do that. If you're worried about someone copying your product then you need to get better at what you do (or get better marketing).
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Re:
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Patent Surgical Proceedures
So now they can win on every side while patient loses: Doctor can't use patented proceedure ... patient dies ... family (needs lawyer) sues doctor (needs lawyer) ... doctor sues patentee (needs lawyer) ... patentee sues lawyer for coming up sith such a stupid idea.
By the way folks: THE PATIENT DIED!!
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Hmm
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Re:
This is a horrendous cancer that metastasizes quickly, causing severe pain and suffering. The surgeons who are so knowledgable on the TPLO procedure have little knowledge on what to do once the dog develops plate related cancer. Sadly, when the cancer metastasizes into inoperable tumors, the only option the vets can offer is euthanasia.
I paid thousands of dollars to have the TPLO procedures done on my dog, believing it was a wonderful procedure that would help him. I'd like to know if there are any attorneys who believe in the health care and justice for our loved ones who become victims of products that were used by doctors that were suppose to help them... NOT give them cancer! Are there any attorneys who have an interest in providing justice from these companies who produce faulty products that cause cancer? The attorneys I've spoken with recommend I sue the veterinarian who performed the procedure.... I would prefer to sue the damned company who created the faulty metal implants to prevent other dogs and the people who love them from suffering physically, emotionally, and mentally. I paid thousands of dollars for my beloved dog to have procedures done on him that were suppose to help him.... NOT give him cancer!!!!!!
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Wish I Could Save Your Life, But That Kind Of Surg
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