Everybody's got something to hide except me and my patented monkey: patentability of cloned organisms

Article Abstract:

Patents issued for transgenic animals and their offspring are the legal foundation for issuing patents for cloned animals. Transgenic animals are unnaturally occurring but naturally propagated, and cloned animals can be unnaturally propagated offspring of transgenic animals. Patent law did not recognize patents on organisms before 1980 and began to recognized patents on transgenic animals in 1992. Scientists requesting patents must explain how cloning procedures differ from natural procedures. Scientists must also meet standards for utility, nonobviousness and demonstration that other scientists could practice application.

United States, Biological Product (except Diagnostic) Manufacturing, Drugs, Other Justice, Public Order, and Safety Activities, DNA Clones, Patent Law, Cloning

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Medical process patents and patient privacy rights

Article Abstract:

Protection of medical process patents needs to be combined with additional protections of patient records to ensure that physicians investigating possible patent infringement do not encroach on the privacy rights of patients. Medical processes do need patent protection to provide doctors with the economic incentive to innovate, but the exchange of information should not be chilled by protecting patent rights. Revising patient record laws can ensure patients that unwanted disclosure of information will not result from patent investigations.

Medical research, Confidential communications, Physician-patient privilege

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Using the DNA profile as the unique patient identifier in the community health information network: legal implications

Article Abstract:

The use of DNA fingerprints as unique patient identifiers is a controversial notion, but it would also be the wisest economically in light of continuing mergers in the health care industry and the increased use of clinical data repositories. As providers continue to merge, they must merge incompatible patient information systems. A unique identifier that is inseparable from the patient would ensure proper identification. It would also reduce the costs imposed on personnel and patients by duplicative record maintenance efforts.

Health Care, Health Care and Social Assistance, HEALTH SERVICES, Health care industry, Medical care, Information services, DNA testing, DNA identification, Identification and classification, Patients

Similar abstracts:

• Abstracts: Patent reexamination and the PTO: Compton's patent invalidated at the commissioner's request. When is a software process too abstract to merit patent protection?

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