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RE: [dvd-discuss] Gedanken Experiment -Unix and Norton
- To: <dvd-discuss(at)eon.law.harvard.edu>
- Subject: RE: [dvd-discuss] Gedanken Experiment -Unix and Norton
- From: "Dean Sanchez" <DSANCHEZ(at)fcci-group.com>
- Date: Mon, 14 Jul 2003 16:17:20 -0400
- Reply-to: dvd-discuss(at)eon.law.harvard.edu
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- Thread-topic: [dvd-discuss] Gedanken Experiment -Unix and Norton
The patent office allows patenting of existing genes. For example, if you want to make a drug that acts on a gene that someone has patented, you have to pay a royalty. Cerebrex? is a example of this current idiocy. Or if you want to test for an occurrence of a disease causing gene, you have to pay royalties to the patent holder.
See Technology Review Sept/Oct 2000 for articles:
The Great Gene Grab
Toward Sharing the Genome
and an opposing opinion (not very good in my judgment ;-))
The Case for Gene Patents
An tongue-in-cheek observation, once all the genes are patented, will you have to secure licensing from all the various holders before you can have children?
As for your observation about a laser, I would agree that you could patent a specific device for generating of a coherent beam. However, you should not be able to patent the idea of generating a coherent beam or patent a naturally occurring process. That is akin to patenting burning hydrogen to create water. Wow, I could patent fire and water at a single stroke ;-)
From: John Zulauf [mailto:firstname.lastname@example.org]
Sent: Monday, July 14, 2003 3:07 PM
Subject: Re: [dvd-discuss] Gedanken Experiment -Unix and Norton
Jeme A Brelin wrote:
> I do believe there are several standing patents on naturally occurring
> chemicals, genes, and even whole plants.
That's very odd. What about the prior art... by nature. Then again
most of us would argue that a LASER would be patentable and they exist
in nature. I can see patenting a refining process but for naturally
occurring chemicals I don't see how one meets the "novel" or "original"