As science rushes forward, exploring the nooks and crannies of the human body, society is struggling to keep up. Science pushes boundaries often for the sake of simple exploration (with little thought to appropriateness and reasoning). Society then comes running behind trying to keep the mess created as clean as possible. A great example of putting the horse before the cart.
This race is nicely captured in the issue of Medical Facts patents – patents granted to people or corporations that concern a natural biological fact. For a good example, check out the following article from PUBPAT – a public interest group concerned with the patenting process. The article outlines the group’s position on a recently granted patent that is being appealed in the court system. The article puts it best:
The issue stems from a case that involves a patent granted by the U.S. Patent Office on diagnosing B12 or folic acid deficiency, which can cause serious human illnesses such as cancer and vascular disease, simply by knowing if a patient has an elevated homocysteine level. It is a matter of natural biology that whether someone has a B12 or folic acid insufficiency is related to whether they have a high level of homocysteine, because homocysteine is an amino acid metabolized by B12 and folic acid. Lower courts ruled that doctors who use or discuss the relationship between B12 or folic acid and homocysteine committed illegal patent infringement….
Pardon? What? Discussing a naturally occurring relationship is considered patent infringement?
Continue reading Patenting Medical Facts – How Can It Be A Good Thing?