Supreme Court Sends Case On Gene Patents Back To Appeals Court Following Rejection Of Diagnostic Patents

from the rethink-that-please dept

As we expected, following the Supreme Court's excellent rejection of medical diagnostic patents, it's now set aside the appeals court's ruling upholding gene patents, and asked the appeals court to review the case in light of its ruling last week. Again, this is not a surprise, but it's good that the court so quickly recognized that the two cases have similar issues, and that the appeals court ought to revisit the Myriad (gene patents) ruling so quickly. Hopefully, CAFC (the appeals court in question) will come to its senses and recognize that you can't patent genes. Either way, no matter what CAFC decides, expect that to also be appealed right back to the Supreme Court.
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Filed Under: appeals court, cafc, diagnostic patents, dna, gene patents, genes, patents, remand, supreme court
Companies: mayo clinic, myriad genetics, prometheus laboratories


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  1. identicon
    Anonymous Coward, 26 Mar 2012 @ 9:28pm

    Junk Patent Problem

    The junk patent problem will be with us for as long as the patent system continues to exist. The USPTO arm of the US government is foolishly writing out tickets to go to court (patents) which can then be used to run extortion shake-downs on any company which is making anything. Smart lawyers have realised that in order to get a patent they do not actually have to invent anything. They just have to claim to have invented some existing thing, in an obscure and confusing manner, using non-standard terminology. That is enough to get a patent granted.

    Being a patent troll is profitable. Patents are also widely used by some companies to harass or block commercial competitors. So there is a huge financial motive to play the game. This has been going on for over 200 years. The patent bar does not even want to try to fix the patent system, they are making too much money from it. Abolition is the answer.

    The patent scam has a chilling effect on entrepreneurship, then on jobs. Why would someone take the risk of starting a business, when they know they are going to get hit with a patent infringement lawsuit? Hold your political candidates accountable for job-destroying laws which they allow to stay on the books.

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