Human Genome Project raises patenting issues; debate focuses on patentability of expressed sequence tags - certain partial DNA sequences
Article Abstract:
The Human Genome Project has raised the issues of whether expressed sequence tags (ESTs) of DNA are patentable and how broad those patent claims should be. The National Institutes of Health (NIH) does not believe this is in the public interest, since not all the functions and usefulness of ESTs are known. The NIH feels EST patents might discourage the work needed to develop therapies based on the corresponding genes. The Patent and Trademark Office requires specific evidence of utility to grant EST patents, and limitations could be written into the law.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1997
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New PTO guidelines only say ESTs are protectable; courts must now decide reach of patents for expressed sequence tags
Article Abstract:
The PTO's opinion that expressed sequence tags (ESTs), or partial sequences of genes, are patentable is discussed. Utility and written description are the two patent law requirements sure to be most discussed. EST claims have yet to be tested by the courts.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 2001
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Initial interest confusion test: no different online; in Internet cases, courts have required showing of direct competition
Article Abstract:
The increase in trademark infringement claims involving both domain names and metatags is discussed. Courts have been reluctant to applly the "initial interest confusion" test in cases of dissimilar or competing products
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 2001
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