[DMCA-Activists] PUBPAT Argues Against Patenting of Medical Facts

[Seth Johnson]

-------- Original Message --------
Subject: PUBPAT News: PUBPAT Argues Against Patenting of Medical
Facts
Date: Mon, 28 Mar 2005 15:42:28 -0500
From: Public Patent Foundation <address@hidden>
To: PUBPAT News List <address@hidden>


PUBPAT ARGUES AGAINST PATENTING OF MEDICAL FACTS: Urges Solicitor
General to Do Same in Appeal Pending at Supreme Court

NEW YORK -- The Public Patent Foundation ("PUBPAT") released a
position statement today arguing against the issuance of patents
on medical facts that prevent doctors from using those facts to
treat their patients or discuss those facts with colleagues.

The issue stems from a case that involves a patent granted by the
U.S. Patent Office on diagnosing B12 or folic acid deficiency,
which can cause serious human illnesses such as cancer and
vascular disease, simply by knowing if a patient has an elevated
homocysteine level.  It is a matter of natural biology that
whether someone has a B12 or folic acid insufficiency is related
to whether they have a high level of homocysteine, because
homocysteine is an amino acid metabolized by B12 and folic acid. 
Lower courts ruled that doctors who use or discuss the
relationship between B12 or folic acid and homocysteine committed
illegal patent infringement and the Supreme Court is now deciding
whether to hear an appeal of the case.

"This result is not only perverse public policy – placing the
rights of patent holders above the rights of doctors to perform
medical diagnosis and discuss a natural biological relationship –
but it also violates patent law, which mandates that only
processes, machines, manufactures, and compositions of matter are
eligible for patent protection," states PUBPAT's position
statement titled, Supreme Court Should Protect Medical Facts and
the Right of Doctors to Use and Discuss Them From Patents. "The
public, including specifically those wishing to use and learn
from laws of biology, is significantly harmed by a failure to
maintain the limits on patent eligibility because patents can –
and often do – prevent important medical treatment and scientific
research."

In addition to publishing its position statement, PUBPAT also
expressed its views in a letter to the Acting U.S. Solicitor
General who was invited by the Supreme Court last month to
address the issue before it decides whether to hear an appeal of
the case.  Since the Supreme Court raised this issue after the
time for briefing had expired, PUBPAT was barred from expressing
its views directly to the court.  As such, PUBPAT provided its
perspective to the Acting Solicitor General who will be
submitting a brief on the issue to the court in the near future.

"If the patent is not ruled invalid, it will continue to pose a
threat to doctors wishing to diagnose whether their patients have
a B12 or folic acid deficiency by measuring their homocysteine
level [and it] will also prevent scientists from discussing the
biological relationship between B12 or folic acid and
homocysteine for any purpose, including research," said Dan
Ravicher, PUBPAT's Executive Director, in his letter urging the
Solicitor General to adopt the view that the Supreme Court should
hear an appeal of the case and rule the patent invalid.  "Above
and beyond harming public health, this result is entirely
contrary to the basis for the patent system, which is the belief
that society benefits when knowledge is disseminated and
discussed."

More information about PUBPAT's argument against the patenting of
medical facts, including copies of PUBPAT's position statement
and letter to the Acting Solicitor General, can be found at
http://www.pubpat.org/Educating_and_Advocating.htm.

Contact:

Karen Duffin, Bite Communications: (415) 365-0459;
address@hidden

About PUBPAT:

The Public Patent Foundation ("PUBPAT") is a not-for-profit legal
services organization working to protect the public from the
harms caused by the patent system.  PUBPAT provides the general
public, particularly those persons or businesses otherwise
deprived of access to the system governing patents, with
representation, advocacy, and education.  To be kept informed of
PUBPAT News, subscribe to the PUBPAT News List by sending an
email with "subscribe" in the subject line to
address@hidden  To be removed from the PUBPAT News
List, send an email with "unsubscribe" in the subject line to
address@hidden

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