[ExI] Gene Patents: Good or Bad?

[Dan]

I think she meant that she -- not the US PTO -- believes these include "little or no real invention."

Regards,

Dan


----- Original Message ----
From: Rafal Smigrodzki <rafal.smigrodzki at gmail.com>
To: ExI chat list <extropy-chat at lists.extropy.org>
Sent: Wed, May 26, 2010 2:42:28 PM
Subject: Re: [ExI] Gene Patents: Good or Bad?

On Wed, May 26, 2010 at 3:37 AM, samantha <sjatkins at mac.com> wrote:

  So far
> I am pretty opposed to most types of gene patents, especially ones that
> include little or no real invention.

### U.S. Patent Act (found in Title 35 of the United States Code)
specifically requires that patents can only be issued on inventions
(see http://www.bitlaw.com/source/35usc/100.html). A patent cannot be
issued under US law on a non-invention. Gene patents are issued after
examiners at the US PTO determine the presence of an invention,
therefore your objection pertains to either an empty set, or patents
issued in contravention of the law.

Rafal
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