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Lori B. Andrews

Intellectual Property Law

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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 …

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Patents: The Need For Bioethics Scrutiny And Legal Change (With J. Paradise), Lori B. Andrews Jan 2005

Patents: The Need For Bioethics Scrutiny And Legal Change (With J. Paradise), Lori B. Andrews

Lori B. Andrews

A patent holder can choose to license a patented invention to others, can choose to use the patented invention exclusively itself, or can choose to prevent any use of the patented invention by itself or by others. In the gene patent area, the exclusive rights of the patent holder can raise the costs of genetic services, diminish the quality of genetic tests and treatments, and interfere with access to health care.

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