US Supreme Court rejects two patents covering medical tests for monitoring patient's blood.
The patents were held by Prometheus Laboratories, a subsidiary of Swiss food maker Nestle.
Pacific Edge Buoyed by European Acceptance of Gastric Cancer Detection Patents
Patents for gastric cancer detection technology developed by biomedical company Pacific Edge have now been accepted in Europe
Advertisement
The unanimous Supreme Court decision said, "Laws of nature, natural phenomena and abstract ideas are not patentable" under provisions of the US Patent Act.
To be covered by a patent, "an application of a law of nature... must do more than simply state the law of nature while adding the words 'apply it.' It must limit its reach to a particular, inventive application of the law," said the decision written by Justice Stephen Breyer.
![Patents of Stem Cells Banned If Embryo Destroyed: EU]( "Patents of Stem Cells Banned If Embryo Destroyed: EU")
Europe's top court on Tuesday banned researchers from patenting any process to extract stem cells when it leads to the destruction of a human embryo.
"The claims are consequently invalid," said the court's decision, which reversed an earlier ruling of the US Court of Appeals for the Federal Circuit.
The patents covered a method developed by Prometheus Laboratory for adjusting dosages of thiopurine treatment for patients with immune system diseases, such as Crohn's disease, a chronic intestinal inflammation.
The dosages must be adjusted precisely to ensure the drug is effective and avoids side effects.
The Supreme Court said the Prometheus patents merely followed natural laws by establishing a link between levels of certain chemicals in the blood and too high or insufficient dosages of thiopurine.
Officials from the $4 billion a year biotechnoloy industry say the court's decision could remove incentives for development of other personalized medicine devices.
"It's a major shift and will have a profound effects on personalized medicine," said Michael Samardzija, a lawyer specializing in intellectual property for the law firm of Bracewell and Giuliani.
The ruling will make it "a lot more difficult" for diagnostic test makers to claim their new products are eligible for patents, Samardzija told The Wall Street Journal.
Source: AFP
Patents of Stem Cells Banned If Embryo Destroyed: EU
Europe's top court on Tuesday banned researchers from patenting any process to extract stem cells when it leads to the destruction of a human embryo.
Advertisement
"The claims are consequently invalid," said the court's decision, which reversed an earlier ruling of the US Court of Appeals for the Federal Circuit.
The patents covered a method developed by Prometheus Laboratory for adjusting dosages of thiopurine treatment for patients with immune system diseases, such as Crohn's disease, a chronic intestinal inflammation.
The dosages must be adjusted precisely to ensure the drug is effective and avoids side effects.
The Supreme Court said the Prometheus patents merely followed natural laws by establishing a link between levels of certain chemicals in the blood and too high or insufficient dosages of thiopurine.
Officials from the $4 billion a year biotechnoloy industry say the court's decision could remove incentives for development of other personalized medicine devices.
"It's a major shift and will have a profound effects on personalized medicine," said Michael Samardzija, a lawyer specializing in intellectual property for the law firm of Bracewell and Giuliani.
The ruling will make it "a lot more difficult" for diagnostic test makers to claim their new products are eligible for patents, Samardzija told The Wall Street Journal.
Source: AFP
Myriad Genetics: Breast Cancer Gene Patents
A US appeals court heard arguments that could decide the future of the biotech industry, seeking to patent two genes linked to cancer.
Advertisement
 US Stem Cell Research is Being Hindered by Rush for PatentsExperts have said that cures for paralysis, blindness and diabetes could all be in reach with embryonic stem cell research, but the pursuit of medical progress is being choked | Advertisement
|
Advertisement
Recommended Reading
Latest Medico Legal News
The Delhi High court recently stated that it is not mandatory to conduct personal examination of the doctor who prepared Medico-legal cases (MLC).
The Supreme Court directed the Ministry of Health and Family Welfare, GoI to examine means to improve the conditions of persons suffering from Chronic Fatigue Syndrome.
The Orissa High Court has ordered the state government to ascertain as to whether every person practicing the medical profession has valid qualification.
The Supreme Court of the United Kingdom upheld a prohibition on pro-life protests and prayers inside a 328-foot radius outside of any abortion clinic in Northern Ireland.
The court said the state cannot restrain the right to health and right to life to its domiciles only. This right is available to a person and not restricted to a citizen.