Patent Law & Genetic Medicine

Paper Summary:

This work examines the issue of human stem cell research from the view of the medical profession with an eye on funding, the public perspective and legislation affecting research of the human genome. Specifically this work explores the patenting process, whether patenting the human genome is plausible, and what consequences might exist in these patents. The paper notes the veritable quietness of the legal community at large in relation to this medical research issue.

Outline:
Abstract
Objective
Terms & Definitions of Study
Introduction
I. Implications of Diamond v. Chakrabarty (1980)
II. Implications of Later Cases
III. Free Market System Impacts
IV. What Ways Do Patents Objectify Human Dignity?
V. Is there a 'just' way of thinking about intellectual property law?
VI. Rights - Technological
VII. Ethics of Patenting the Technique for Human Stem Cell Lines
Summary & Conclusion
Bibliography

From the Paper:

"In review of the patent laws in the United States, the U.S. Patent laws provides that the patent begin on the date that the patent is issued and ends 20 years later on the same date however, in special circumstances that date might be different and patents are considered for extensions as well. In order for issuance of a patent the invention must be a process that is both 'new' and 'useful' and must be a 'process, machine, manufacture or composition of matter' furthermore the invention must bee the standards of 'utility, novelty and non-obviousness' and must be something that is not in use publicly, not in written form or known to others in the same field of study."

Sample of Sources Used:

• O'Connor, Sean M. (nd) Intellectual Property Rights and Stem Cell Research: Who Owns the Medical Breakthroughs?
• Kadereit, Suzanne & Hines, Pamela J. (nd) Overview of Stem Cell Research New England Law Journal 2005 Mar 28. Online available at: http://www.nesl.edu/lawrev/vol39/3/13%20Kadereit%20Final.pdf.
• Chadwick, Ruth et al (2004)HUGO Ethics Committee Statement of Stem Cells (2004) November
• Legal Protection of Digital Information (2006) Chapter 5: Software-Based Inventions Online available at: .http://digital-law-online.info/lpdi1.0/treatise63.html
• National Legislation Concerning Human Reproductive and Therapeutic Cloning (2004) United Nations Educational, Scientific and Cultural Organization. Paris, July 2004.

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