Article Abstract:
Patents issued for transgenic animals and their offspring are the legal foundation for issuing patents for cloned animals. Transgenic animals are unnaturally occurring but naturally propagated, and cloned animals can be unnaturally propagated offspring of transgenic animals. Patent law did not recognize patents on organisms before 1980 and began to recognized patents on transgenic animals in 1992. Scientists requesting patents must explain how cloning procedures differ from natural procedures. Scientists must also meet standards for utility, nonobviousness and demonstration that other scientists could practice application.
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Article Abstract:
Protection of medical process patents needs to be combined with additional protections of patient records to ensure that physicians investigating possible patent infringement do not encroach on the privacy rights of patients. Medical processes do need patent protection to provide doctors with the economic incentive to innovate, but the exchange of information should not be chilled by protecting patent rights. Revising patient record laws can ensure patients that unwanted disclosure of information will not result from patent investigations.
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Article Abstract:
The use of DNA fingerprints as unique patient identifiers is a controversial notion, but it would also be the wisest economically in light of continuing mergers in the health care industry and the increased use of clinical data repositories. As providers continue to merge, they must merge incompatible patient information systems. A unique identifier that is inseparable from the patient would ensure proper identification. It would also reduce the costs imposed on personnel and patients by duplicative record maintenance efforts.
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