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« Streck, Inc. v. Research & Diagnostic Systems, Inc. (Fed. Cir. 2012) | Main | Conference & CLE Calendar »

January 26, 2012



You can see the "hand writing on the wall" as to where this requirement by the AIA (Abominable Inane Act) to report on the impact of patented genetic testing on independent second opinions is heading: if the ruling in AMP v. USPTO doesn't enable such testing to provide independent second opinions, Congress is threatening to legislate it in. Oh boy, I can just see another "compulsory licensing" provision for such patented genetic testing, just like the compulsory licensing provisions for catalytic devices under the Clean Air Act. As usual, Congress is clueless that such "compulsory licensing" will likely mean diminished activity in developing such genetic testing. Businesses aren't going to invest money in research which they can't recoup because they have to make it "freely available" due to compulsory licensing.

Hopefully the choice of locale for the first satellite office will boost Detroit's economy -- which needs all the help that it can get. It will be interesting to see whether California, Colorado, or Nevada wins out for the West Coast location. From the criteria listed in this post, one wonders whether Silicon Valley has a chance of making the cut, if the USPTO is making its determination based partly on cost of living. Otherwise, it would seem to be a logical choice.

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