WHOLE DUDE – WHOLE PATENT :
The term ‘patent’ refers to the governmental grant of the exclusive privilege of making, using, and selling and authorizing others to make, use, and sell an invention, or discovery. The term derives from the medieval letters patent, public letters granting monopolistic control of useful goods to an individual. patents are granted to encourage inventions and their disclosure to the public. The US Constitution(Article 1, Section 8)grants Congress the power to establish a patent system. The first US patent law was passed in 1790, and a basic system was enacted in 1836(revised in 1870 and 1952). The US Patent Office was first established in 1836 and it is now operated as part of the Department of Commerce and is known as the US Patent and Trademark Office. The Office has granted about 4 million patents since 1836. With rapid advances in biotechnology, and bio engineering, patents are now issued to genetically modified organisms. In 1980 the US Supreme Court ruled that genetically engineered organisms could be patented, and methods of genetic engineering have since received patents as well. Patenting in the field of biotechnology poses some moral, and ethical problems. However, patents are granted to cover some 40 percent of the human genome. The Human Genome may contain about 20, 000 genes, and the US Patent and Trademark Office has granted patents on at least 4,000 genes to parties that have discovered and decoded them.
WHOLE DUDE – WHOLE INDIVIDUALITY :
The biotechnology corporation known as Myriad Genetics Inc had obtained seven patents on two human genes that are identified as BRCA1, and BRCA2. These genes are associated with the risk of developing breast and ovarian cancer. Genetic screening tests could be of practical use to identify people at a high risk of developing these kinds of cancer. Myriad Genetics Inc had also obtained 24 different patents that relate to the BRCA Gene Analysis test. Myriad Genetics had established its exclusive rights to these naturally occurring human genes by obtaining patents. These patents violate the rights of individual patients and of other medical researchers involved in the study of genetics. The US Supreme Court in its unanimous verdict delivered on Thursday, June 13, 2013 has ruled that companies cannot patent parts of naturally occurring human genes, Laws of Nature, Natural Phenomena, and abstract ideas. The Law of Nature that I call the Law of Creation and Individuality is above the ability of man to issue patents. With or without a patent, the DNA molecule always exhibits individualistic variation like all other polymers. In other words, synthetic, or naturally occurring DNA will always behave with individualistic variation to establish a living Individual with Individuality of its own. Two living entities will always be known and can be identified as separate Individuals. The Law of Nature proclaims that Life is about Individuality and man has no ability to transgress this Law of Creation that always brings forth, or creates all new living things as original, one of its own kind, unique, and distinctive objects. It is my impression that the LORD God Creator has granted His own patent for the creative process that He uses to create the living things. Man may invent or discover many things and yet he will not be able to manufacture life in violation of the patent that is issued for the creative process.
Rudra N. Rebbapragada, Ann Arbor, Michigan, U.S.A.,
Organization : The Spirits of Special Frontier Force.
- Our genes are ours…for now (findingfuel.wordpress.com)
- Supreme Court rules human genes may not be patented (richarddawkins.net)
- Sanity prevails: US Supreme Court rules that human genes are not eligible for patent protection (2012thebigpicture.wordpress.com)