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July 29, 2012

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Listed below are links to weblogs that reference Myriad and Prometheus: Do Patents "Preempt" Follow-On Research?:

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In this paper Hal Wegner goes down a rabbit hole that nobody was even talking about in Prom or any other case.

/facepalm Hal.

Seriously bro? Nobody cares about your "follow-on research". What they care about is being able to use the judicially excepted subject matter without having to consult the patentee or else face damages and a possible injunction.

How you can so miss the point is beyond me. I mean reading out of context is one thing, but seriously bro? Don't take it to the extreme.

" What they care about is being able to use the judicially excepted subject matter without having to consult the patentee or else face damages and a possible injunction. "

The claims do not "pre-empt" anyone from studying any "natural" animals (including humans) containing any mutation. Is there some other "judicially excepted subject matter" you are thinking of, 6?

"The claims do not "pre-empt" anyone from studying any "natural" animals (including humans) containing any mutation. Is there some other "judicially excepted subject matter" you are thinking of, 6?"

Mhmmm. Check the previous 12 threads on this site or the last 10 threads on PO for my lengthy discussion of that subject.

"Check the previous 12 threads on this site or the last 10 threads on PO for my lengthy discussion of that subject."

Oh, I've checked them already. They are lengthy but they also miss the point entirely. What is the "judicially excepted subject matter" being removed from the public domain by Myriad's composition claims? Let me guess: you don't know and you're hoping some judge is better at kicking up dust than you.

Good luck with that.

It is easy to copy what others have done. What the patent system encourages is the development of NEW technologies (if you cannot have what others have created, you have to make something different). Hal Wegner does a great job of explaining why and how the patent system does this.

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