Perspectives on Properties of the Human Genome Project by F. Scott Kieff

By F. Scott Kieff

The groundbreaking paintings of recent genetics that culminated within the Human Genome venture has blazed new pathways in either technological know-how and legislations. because the statement of estate rights often, and patents specifically, has turn into more and more universal surrounding the hot items and procedures of contemporary biotechnology, the transactions that needs to take place for downstream examine and improvement to take place have shifted in very important methods, in either educational and enterprise settings. views on houses of the Human Genome venture addresses the issues raised during this complicated sector lower than diversified regimes of legislation and norms to provide wish and support as we strive against to make sure optimum use of such crucial suggestions. This specified number of authors, perspectives, and subject matters is vital analyzing for teachers, policy-makers, and practitioners in drugs, biology, sociology, administration, ethics, legislations, and economics, and somebody else drawn to gaining standpoint at the huge interface among biotechnology and estate. * Represents different perspectives interwoven right into a coherent discussion* contains contributions from the best thinkers within the box* Explores the criminal ramifications, when it comes to estate rights and patents, of the clinical advancements coming up from the paintings at the Human Genome venture

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2d 1534, 1538 (Fed. Cir. 1991) (‘‘Although designing or inventing around patents to make new inventions is encouraged, piracy is not. ’’) (citations omitted). 43 Texas Instruments Inc. v. 2d 1558, 1572 (Fed. Cir. 1986). 44 The patent before the Court in Warner-Jenkinson disclosed a process for purifying dyes. S. at 21. ’’ Id. at 22. 0. Id. at 23. In light of these facts, the Supreme Court embarked on an ‘‘endeavor to clarify the proper scope of the doctrine’’ of equivalents. Id. at 21. ’’ Id. at 32.

S. 1111 (1997). On remand, the Federal Circuit, hearing the case en banc, reversed the judgment and barred the application of the doctrine of equivalents on the ground of prosecution history estoppel. The court found that the amendments in the Stoll patent that added a ‘‘magnetizable sleeve’’ or a ‘‘sealing ring’’ narrowed the literal scope of the claims. 3d at 588–89. Similarly, in the Carroll patent, the addition of the ‘‘sealing ring’’ narrowed the scope of the claims. The Federal Circuit held that the amended claim elements were not entitled to a range of equivalents and could not be infringed.

Id. at 1102. ’ ’’ Id. at 1108. ’’ Id.

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