Genetic Discoveries And Intellectual Property Rights

A patent is given to an individual who has detailed for a public disclosure or has created some sort of invention. The patent is granted by the government for a limited period of time. An invention is a product or a process that provides a new way of doing something, or offers a new technical solution to a problem.

The patenting issue gained some attention when President Bill Clinton and Prime Minster Tony Blair jointly called for the release of raw genetic data into the public domain (CQ 405). I will argue in this paper that the aggressive competition among biotechnology firms to patent genes is

While researching texts written about genes the most interesting topic that came up was human gene patenting. Gene patenting is the exclusive right to a specific sequence of DNA given by a government to the individual , organization or corporation who claims to have first identified the gene. Human gene patenting is one of hot topic in today’s world and it could have a major effect for generations to come. Gene patenting represents a contract between an inventor and society. The goal in this paper to explain some of the benefits and risks involved in gene patenting.

The advancement of technology has lead to many scientists conducting more experiments with gene modification. This has lead to scientists to isolate certain genes that may cause a certain disease, thus modified genes may change the organism in a particular way. It may help farmers with crop cultivation and reduce crop infestation. It may also help farmers to be able to cultivated crops or keep animals that are prawn to drought resistance. Before, I go in details explain the importance of why businesses that develop modified organisms should be able to preserve their property rights by patenting such organisms or why such organism should not be patentable. I would like to briefly explain the history of patenting. For over two hundred years living organisms have been excluded from patent laws; life forms were considered a “product of nature” and not a human invention. “The non-patentable status of living organisms changed with the 1980 landmark Supreme Court case Diamond v. Chakrabarty,”. The court decided in a narrow 5-4 decision that a strain of bacteria that had been modified by the insertion of new genes was patentable because it was not naturally occurring. The foreign genes gave the bacteria the ability to break down hydrocarbons, and its “inventors” hoped it might be useful for cleaning up oil spills. Historically, patents were initially developed to insure and protect inventors and to make sure that they could benefit financially from the

The advancement of technology has lead to many scientists conducting more experiments with gene modification. This has lead to scientists to isolate certain genes that may cause a certain disease, thus modified genes may change the organism in a particular way. It may help farmers with crop cultivation and reduce crop infestation. It may also help farmers to be able to cultivated crops or keep animals that are prawn to drought resistance. Before, I go in details explain the importance of why businesses that develop modified organisms should be able to preserve their property rights by patenting such organisms or why such organism should not be patentable. I would like to briefly explain the history of patenting. For over two hundred years living organisms have been excluded from patent laws; life forms were considered a “product of nature” and not a human invention. “The non-patentable status of living organisms changed with the 1980 landmark Supreme Court case Diamond v. Chakrabarty,” (W3 Unisa, 2005). The court decided in a narrow 5-4 decision that a strain of bacteria that had been modified by the insertion of new genes was patentable because it was not naturally occurring. The foreign genes gave the bacteria the ability to break down hydrocarbons, and its “inventors” hoped it might be useful for cleaning up oil spills. Historically, patents were initially developed to insure and protect inventors and to make sure that they could benefit

The statistics showed above had raised several type of argument on the patentability of the biological materials, or more specifically on human gene. First, how a human gene can be patentable, while the gene sequenced was not more than a discoveries rather than a invention? Secondly, is it appropriate to grant a monopoly on genetically engineered organisms? Last but not forgotten, if it remained patentable, what is the optimal policy to ensure that

A patent is the right to individually protect intellectual property from others making, using, selling or importing the invention granted by the United States government. The patent was first seen in 1474 in Venice, when the statute allowed grants and restrictions of European monopolies. Similar to the modern patent, an explanation, description, and proof of the inventions usefulness was required in order to receive the patent. Over time, the British system adopted this system and after U.S. and British history together, the U.S. government inevitably adopted and modified it to what the Patent Laws are today. Briefly, the importance of the patent being legally accepted contributes to the improvement and advancement of overall technology. It allowed individual progression without the doubt or fear of others or government embezzlement. This proved that over time, society was getting less malignant and trust was improving on a political and social level.

The most predominate benefit to the patent system is that it gives the inventor the right to stop others from taking credit for their work or ideas. By keeping the patent system, as a monopoly, companies and individuals are more likely to be motivated to become innovative which, in turn has the possibility of advancing the economy (Inventor Basics, 2011). Along with possibility of further innovation, the patent holder maintains exclusive rights to use the invention as they wish. Therefore, in some cases this leads to a higher profit for the inventor; which can balance out the costs of applying for a patent (Inventor Basics, 2011). One further positive for the patent holder maintaining all rights to their invention deals with the

Every engineer strives to achieve a certain goal throughout their career. Some focus on becoming successful both in their job and in their lives, while others work to build a better world. Some engineers might have different goals, yet each engineer reaches certain milestones throughout their career that have a worthy value. Creating a patent, is by far one of the most prestigious achievements an engineer, inventor, or anyone acquire in their lifetime. Being able to brainstorm and formulate a specific item or article no other has thought of is truly something that most can only dream of. Yet what does making a patent really consist of, apart from bragging rights and maybe self-satisfaction? Patents serve as potential money-making ideas that can increase in value over time. Some patents can be worth millions while others have less worth than your pocket change. Regardless of the exact amount a patent can be worth, they still hold value which could potentially increase over time, making it a worthy investment. Next, having a patent hung up in one’s office or stated in a resume or CV is truly an eye-catching achievement that is highly regarded. It represents one’s creative and innovative abilities which can be very much needed when applying for a job or a certain position within a company. Finally, patents allow one to sell, use or make an invention with under legal protection from the country they live in. The key word there is invention, which is an idea or creation that can

A patent gives all rights to the inventor and prevents anyone else from making, using, and selling their idea. There are three different types of patents. The first is the utility patent, hich is the most common type of patent. Utiity patents is mostly used

A patent is an exclusive right granted for an invention, product or process that provides a new way of doing something, or that offers a new technical solution to a problem. An invention in general must fulfill certain criteria in order to be protected by a patent. For example, the Patents Act, 1970 in S. 2(1) (j) defines invention as a new product or process involving an inventive step and capable of industrial application. In other words, an invention in order to be patentable must show an element of novelty, must show “an inventive step”, and must be of practical use. Particularly, the Patents Act, 1970 defines “inventive step” as a feature of an invention that involves technical advance as compared to the existing knowledge or having economic significance or both and that makes the invention not obvious to a person skilled in the art. In other words, patent rights are not available for new advances that are merely obvious extensions or modifications of prior designs. Besides, the requirement of difference over prior art, there is a requirement to establish the extent of common general knowledge that exists while

Patents have always been a burning topic of discussion due to its mixed response in the human society. Some people eulogize patents at the same time some criticize it for the impact on public health. Companies that develop and market patented drug always commends about the essential benefits of developing drugs to the society. In contrast, consumer always complains about the patents being the rationale behind unreasonably high price of the life-saving drugs and its limited access.

A patent is a right that is granted for any device, substance, method or process that is new, inventive and useful. A patent is a legally enforceable right to commercially exploit the invention for the life of the patent.

With new innovations and products coming out every day patents become very important, especially in the pharmaceutical department. A patent is a grant by the government permitting the inventor exclusive use of an invention for 20 years. During this period, no one could make use, or even sell the invention without authority. With the India’s patent laws covering a manufacturing method rather than the finished product, this causes problems. A patent provides incentive for pharmaceutical companies to continue to create new and better drugs for, but this may cause conflict with the intellectual property issue.

The patent is a very fuzzy concept. In general, it can be understood as an exclusive economic rights; the inventors obtain substantial economic benefits from their invention patent. However, more people would think of patents as a part of intellectual property; they would think of patents as an important mean of