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Unintended Consequences of the Prometheus Decision

Anonymous Coward writes | more than 2 years ago

Biotech 0

An anonymous reader writes "In the case Mayo v. Prometheus recently covered on Slashdot, the Supreme Court ruled that patents 'based on laws of nature' are not valid. In a scathing 5 part series San Francisco IP Lawyer Robert R. Sachs attacks both the reasoning and the prose of the Supreme Court opinion. As evidence of the decision's potency, several patents have already been invalidated by the Prometheus decision in the month since it came out. For my personal take, I am a graduate student doing biomedical research. After finding a new compound allowing early diagnosis of a disease where the only diagnostic test is symptomatic, I was advised by our legal counsel not to attempt patenting the compound until further court rulings clarify Prometheus. As a result, my compound may never see publication. At the very least my publication will be delayed significantly. It seems that if Prometheus is applied broadly, the only way to profit off of these sort of discoveries will be through trade secrets: a major step backwards for scientific progress."
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