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Why medical patents are as insane as software patents.

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    Why medical patents are as insane as software patents.

    Oblivious Supreme Court poised to legalize medical patents

    The Supreme Court heard oral arguments in a case examining whether a physician can infringe a patent merely by using scientific research to inform treatment decisions. Unfortunately, this essential question was largely ignored despite a number of influential organizations filing briefs warning of the dire consequences of allowing medical patents. The Court seemed to agree that medical patents were legal in general while focusing on the narrow question of whether a specific patent was overly broad. In this case, a patent holder that offers a thiopurine testing product sued Mayo Clinic for offering a competing thiopurine test, while making the extraordinary claim that a physician administering thiopurine to a patient can infringe its patent merely by being aware of the scientific correlation disclosed in the patent. The American Medical Association warned of the impact enforcing such a patent could have on medical care, yet Justice Elena Kagan claimed that "everybody agrees" the use of scientific correlations in medical practice are patentable
    God help us if our legal system muzzles our doctors for the sake of corporate greed.
    "A nation that is afraid to let its people judge the truth and falsehood in an open market is a nation that is afraid of its people.”
    – John F. Kennedy, February 26, 1962.

    #2
    Re: Why medical patents are as insane as software patents.

    Justice Elena Kagan claimed that "everybody agrees" the use of scientific correlations in medical practice are patentable
    Wait. She never called me. So how can she claim "everyone agees"? Perhaps she knew I'd disagreee.

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      #3
      Re: Why medical patents are as insane as software patents.

      She didn't call you either? That's two of us who disagree.
      "A nation that is afraid to let its people judge the truth and falsehood in an open market is a nation that is afraid of its people.”
      – John F. Kennedy, February 26, 1962.

      Comment


        #4
        Re: Why medical patents are as insane as software patents.

        Make that three.
        The unjust distribution of goods persists, creating a situation of social sin that cries out to Heaven and limits the possibilities of a fuller life for so many of our brothers. -- Archbishop Jorge Mario Bergoglio of Buenos Aires (now Pope Francis)

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          #5
          Re: Why medical patents are as insane as software patents.

          I sure hope she finds herself in the minority in the decision. Lordy, how our U.S. patent law needs an overhaul!

          Comment


            #6
            Re: Why medical patents are as insane as software patents.

            Her statements are certainly out of context with her political history, which has always been for "NewSpeak", in support of "Political Correctness". IMO.
            "A nation that is afraid to let its people judge the truth and falsehood in an open market is a nation that is afraid of its people.”
            – John F. Kennedy, February 26, 1962.

            Comment


              #7
              Re: Why medical patents are as insane as software patents.

              I don't have time or inclination to research the case, but a general principle of awarding and enforcing patents is that you cannot patent science or mathematics or physics. You can only patent a non-obvious method or process for accomplishing a defined result. So there must be more to the "backstory" here.

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