Open Access. Powered by Scholars. Published by Universities.®

Genetics and Genomics Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 12 of 12

Full-Text Articles in Genetics and Genomics

The Crispr Revolution: What Editing Human Dna Reveals About The Patent System’S Dna, Robin C. Feldman Dec 2014

The Crispr Revolution: What Editing Human Dna Reveals About The Patent System’S Dna, Robin C. Feldman

Robin C Feldman

Not since the invention that launched Genentech and the entire biotech industry has a life science invention offered such promise. If CRISPR lives up to that promise, the technology could well be one of the greatest life science inventions of all time. Gene editing techniques existed before, of course, but they were slow, inaccurate, and expensive. The CRISPR invention is like moving from the manual typewriter to modern word processing.

As we stand at this remarkable threshold, what of the patent system? Companies are racing to develop commercial applications for CRISPR, and researchers are using the technology, even though it …


The "Progress Clause": An Empirical Analysis Based On The Constitutional Foundation Of Patent Law, Lori Andrews May 2014

The "Progress Clause": An Empirical Analysis Based On The Constitutional Foundation Of Patent Law, Lori Andrews

Lori B. Andrews

When the Founding Fathers promulgated the Progress Clause of the U.S. Constitution, they recognized the potential for certain types of patents to impede rather than promote innovation. The drafting of the Patent Act and its interpretation by the U.S. Supreme Court similarly recognized that abstract ideas, laws of nature, and products of nature do not represent patentable inventions and that innovation requires that these tools be available to all researchers. In three recent cases, the Supreme Court has revisited the Progress Clause. Its most recent case on the issue, Association for Molecular Pathology v. Myriad Genetics, Inc., raises not …


The Empire Of Cancer: Gene Patents And Cancer Voices, Matthew Rimmer Dec 2013

The Empire Of Cancer: Gene Patents And Cancer Voices, Matthew Rimmer

Matthew Rimmer

In his book, The Emperor of All Maladies, Siddhartha Mukherjee writes a history of cancer — ‘It is a chronicle of an ancient disease — once a clandestine, “whispered-about” illness — that has metamorphosed into a lethal shape-shifting entity imbued with such penetrating metaphorical, medical, scientific, and political potency that cancer is often described as the defining plague of our generation’.Increasingly, an important theme in the history of cancer is the role of law, particularly in the field of intellectual property law. It is striking that a number of contemporary policy debates over intellectual property and public health have concerned …


A Discourse On The Public Nature Of Research In Contemporary Life Science: A Law-Policy Proposal To Promote The Public Nature Of Science In An Era Of Academia-Industry Integration, Michael J. Malinowski May 2013

A Discourse On The Public Nature Of Research In Contemporary Life Science: A Law-Policy Proposal To Promote The Public Nature Of Science In An Era Of Academia-Industry Integration, Michael J. Malinowski

Michael J. Malinowski

This article addresses the impact of integration of academia, industry, and government on the public nature of research. The article concludes that, while the integration has benefited science immensely, regulatory measures should be taken to restore the public nature of research in an age of integration.


Democracia E Biotecnologia: Argumentos Para A Construção De Um Discurso Pautado Na Agência Humana Como Vetor Transformador Da Realidade, Carolina Altoé Velasco Nov 2012

Democracia E Biotecnologia: Argumentos Para A Construção De Um Discurso Pautado Na Agência Humana Como Vetor Transformador Da Realidade, Carolina Altoé Velasco

Carolina Altoé Velasco

O artigo objetiva demonstrar que os processos biotecnológico e democrático têm em comum a interferência da agência humana como vetor transformador de suas realidades. Utiliza-se como marco teórico-metodológico as obras de Guillermo O’Donnell e Adela Cortina. Guillermo O’Donnell reconhece o impacto motivado pela tecnologia e globalização na sociedade e a agência humana como fomentadora do processo democrático. Já Adela Cortina considera a pessoa (contemplada por sujeito autônomo e solidário) a medida da democracia e esta como forma de vida. A eleição de Cortina para travar um diálogo com o pensamento de O’Donnell se dá em razão da abordagem feita a …


Patently Ours? Constitutional Challenges To Dna Patents, Vincent Ling Jan 2012

Patently Ours? Constitutional Challenges To Dna Patents, Vincent Ling

Vincent Y. Ling

This Comment analyzes constitutional issues raised by gene patenting and details how the issues apply to various types of DNA patents. In Association for Molecular Pathology v. U.S. Patent & Trademark Office, the Federal Circuit recently held that genes and DNA sequences are patentable under the federal statute for patent eligible subject matter, 35 U.S.C. § 101, but courts have thus far avoided addressing the constitutional challenges raised by plaintiffs. This Comment confronts those constitutional issues and makes a determination as to their strengths and weaknesses. Moreover, it explores additional constitutional issues that may become more salient over time. Ultimately, …


Whose Body Is It Anyway? Human Cells And The Strange Effects Of Property And Intellectual Property Law, Robin C. Feldman May 2011

Whose Body Is It Anyway? Human Cells And The Strange Effects Of Property And Intellectual Property Law, Robin C. Feldman

Robin C Feldman

Whatever else I might own in this world, it would seem intuitively obvious that I own the cells of my body. Where else could the notion of ownership begin, other than with the components of the tangible corpus that all would recognize as "me?" The law, however, does not view the issue so neatly and clearly, particularly when cells are no long in your body. As so often happens in law, we have reached this point, not by design, but by the piecemeal development of disparate notions that, when gathered together, form a strange and disconcerting picture. 

This article examines …


A Law-Policy Proposal To Promote The Public Nature Of Science In An Era Of Academia-Industry Integration, Michael J. Malinowski Feb 2010

A Law-Policy Proposal To Promote The Public Nature Of Science In An Era Of Academia-Industry Integration, Michael J. Malinowski

Michael J. Malinowski

This article addresses the impact of integration of academia, industry, and government on the public nature of research. The article concludes that, while the integration has benefited science immensely, regulatory measures should be taken to restore the public nature of research in an age of integration.


The Unblazed Trail: Bioinformatics And The Protection Of Genetic Knowledge, Lawrence M. Sung Sep 2009

The Unblazed Trail: Bioinformatics And The Protection Of Genetic Knowledge, Lawrence M. Sung

Lawrence M. Sung

No abstract provided.


Who Owns Your Body? A Study In Literature And Law, Lori B. Andrews Dec 2008

Who Owns Your Body? A Study In Literature And Law, Lori B. Andrews

Lori B. Andrews

No abstract provided.


Influenza Genetic Sequence Patents: Where Intellectual Property Clashes With Public Health Needs, Lori B. Andrews, Laura A. Shackelton Apr 2008

Influenza Genetic Sequence Patents: Where Intellectual Property Clashes With Public Health Needs, Lori B. Andrews, Laura A. Shackelton

Lori B. Andrews

A number of advances have recently taken place in influenza virus genomics research, due largely to an extensive genome sequencing project and widespread access to these sequences. If a pandemic virus emerges, whether it is a reassorted A/H5N1 strain or another zoonosis, it is essential that access to information about its genetic sequence is not restricted through intellectual property claims. Products of nature are not patentable inventions, according to US code and the US Supreme Court, and naturally occurring genetic sequences should not be eligible for patenting. Viral genetic sequences represent natural information upon which diagnostics and preventions are necessarily …


Patenting Our Lives And Our Genes: Where Does Congress Stand? Public Commet To Ftc Hearing On Competition And Intellectual Property Law And Policy In The Knowledge-Based Economy, Thomas Horton Oct 2002

Patenting Our Lives And Our Genes: Where Does Congress Stand? Public Commet To Ftc Hearing On Competition And Intellectual Property Law And Policy In The Knowledge-Based Economy, Thomas Horton

Thomas J. Horton

No abstract provided.