Go Mobile | RSS | SLS Website Spring  2014, Issue #90
Stanford Lawyer
Image from the article  Law and Policy Lab Image from the article  Paul Brest Image from the article  Student Entrepreneurs Image from the article  Criminal Defense Clinic Image from the article  A River Runs Through It: Buzz Thompson’s Stint as a Special Master Image from the article  The Future of Print and Digital News Image from the article  Jonathan Greenberger: Behind This Week Image from the article  Lawyers in the Military
Legal Aggregate

Patent Cover-Up

I’ve blogged here and here about the litigation involving Myriad’s patents on the BRCA1 and BRCA2 genes, which a district court recently invalidated. I recently wrote an article that relates to the subject. In it, I draw upon instances where patent holders have attempted to restrict analysis of their technology. In addition to the area of genetic testing, I discuss examples where companies have used patents to limit evaluation of radio frequency identification (RFID) used for secure access to buildings, and of agricultural biotechnology.

Unless existing law is used to protect such testing, I argue that the courts or Congress should adopt an exception to infringement, allowing for the use of a patented invention for quality assessment. This includes activities necessary to identify and analyze limitations and weaknesses of the patented invention. Such an exception would allow patients diagnosed with breast cancer to obtain a second opinion. It would permit computer security researchers to expose security flaws in RFID chips. And it would allow independent analysis of the environmental effects of genetically modified crops.

You can view the article here.

Comments RSS 2.0

Leave a response / post your comment

One Response to “Patent Cover-Up”

  1. Amanda Gates says:

    Patents are there to protect the innovator, but it also gives undue advantage to the innovator where it limits the scope of further invention due to the tabs put in by the innovator while filing the patent. There must be some mechanism to encourage further possible innovations considering the existing patent laws.

Leave a Reply