patents

In the Association for Molecular Pathology v. Myriad Genetics decision, the Supreme Court unanimously held that naturally occurring DNA sequences are “products of nature” and therefore cannot be patented. “The Court’s holding represents a significant shift form the status quo,” says Kevin Emerson Collins, JD, patent law expert and professor of law at Washington University in St. Louis. “It reverses both the lower court and twenty years of precedent at the United States Patent and Trademark Office.

David Kilper / WUSTL PhotoThreat of injunctions can be beneficial in cases like eBay and BlackBerry, says WUSTL expert F. Scott Kieff.The threat of an injunction to protect patented technology, as seen in eBay v. MercExchange, is what drives infringers and patentees to strike deals — sometimes on the steps of the courthouse — because shutting down the business would lose money for both sides, says F. Scott Kieff, J.D., an associate professor of law at Washington University in St. Louis. These deals, he points out, are what drive innovation. More…

Concerns over biopiracy have fueled urgent calls for a new system of legal protection for indigenous biological materials and knowledge. Detractors of the current patent systems say that the knowledge of traditional cultures and communities does not readily fit into the industrialized world’s definition of intellectual property (IT); critics argue that existing laws basically promote the interests of the industrialized world. However, intellectual property and technology law expert Charles McManis, J.D., disagrees. More…

Biotech innovations pop up every day. From medicines developed by large companies to ingenious solutions worked out by individuals in university labs, new technologies are poised to enter the marketplace. The question is, are patents helping or hurting this process? “Patents are essential to bring biotechnology innovations from everyone — not just well-funded corporations — to the people,” says F. Scott Kieff, J.D., associate professor of law at Washington University in St. Louis. “Without patents, the biotech marketplace in basic science takes on the nature of something like an old boys’ club in which personal attributes such as fame, prestige, and even gender and race, govern what exchanges take place; and the addition of patents gives many more people a way to play in that game.”

Growing biopiracy concerns have fueled urgent calls for a new system of legal protection for traditional knowledge. Detractors of the current patent systems say that the traditional knowledge of indigenous peoples and local communities does not readily fit into the existing rules of the industrialized world and that these rules basically promote the interests of the industrialized world. However, Charles McManis, J.D., IP and technology law expert and the Thomas and Karole Green Professor of Law at Washington University in St. Louis, argues that “at least in the short run, existing intellectual property regimes offer the most realistic avenue for securing effective legal protection for traditional knowledge holders.”