LAW PUNDIT Sunday, November 08, 2009 11/08/2009 11:00:00 PM [Home]
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Gene Patents : If there is a God, Genes were invented by Creation, otherwise, Genes developed via Evolution : Should a Gene be patentable?
Yes, Virginia, if there is a God ...
then God invented genes, by creation.
There is very little doubt about that logic.
On other hand, if there is no God,
or if God is more in the nature of a Supreme Principle of the universe,
then all things developed by evolution, over the course of time,
especially the genes,
and surely no human ever "invented" them.
There is also very little doubt about that logic.
Is the day of judgment in terms of "Patent Armageddon" now approaching gene patents?
As reported in PatentlyO, gene patents issued by the USPTO have been challenged as unconstitutional by the Association for Medical Pathology:
Gene Patents : If there is a God, Genes were invented by Creation, otherwise, Genes developed via Evolution : Should a Gene be patentable?
Yes, Virginia, if there is a God ...
then God invented genes, by creation.
There is very little doubt about that logic.
On other hand, if there is no God,
or if God is more in the nature of a Supreme Principle of the universe,
then all things developed by evolution, over the course of time,
especially the genes,
and surely no human ever "invented" them.
There is also very little doubt about that logic.
Is the day of judgment in terms of "Patent Armageddon" now approaching gene patents?
As reported in PatentlyO, gene patents issued by the USPTO have been challenged as unconstitutional by the Association for Medical Pathology:
"The federal lawsuit argues (1) that the genes are not patentable because they are "products of nature" and (2) that the patentee's use of patent rights to limit scientific research on the genes violates constitutional First Amendment protections."





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