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Medicine Patents The Courts

Supreme Court Declines To Consider Medical Diagnostic Patents (bloomberg.com) 30

The U.S. Supreme Court stayed out of the debate over what types of medical diagnostic tests can be patented, leaving in legal limbo companies that discover ways to diagnose and treat diseases based on patients' unique characteristics. From a report: The justices rejected an appeal by Quest Diagnostics's Athena unit that sought to restore its patent for a test to detect the presence of an autoimmune disease. A lower court had ruled in favor of the nonprofit Mayo Clinic that the test wasn't eligible for a patent because it merely covered a natural law -- the correlation between the presence of an antibody and the disease. Justices on Monday also rejected appeals to clarify the rules regarding software patents. The Supreme Court's action leaves it to Congress to resolve an issue that's created a legal gray area for such discoveries.
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Supreme Court Declines To Consider Medical Diagnostic Patents

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  • Now that is settled. (Score:4, Interesting)

    by jellomizer ( 103300 ) on Monday January 13, 2020 @01:37PM (#59616180)

    Perhaps Quest can focus on proving proper HL7 integration data over it partners. So doctors can get the results in their systems faster and more accurately.

  • If they had a unique way of detecting the antibodies, I would think THAT they could get a patent for.
  • by magarity ( 164372 ) on Monday January 13, 2020 @01:51PM (#59616256)

    The Supreme Court's action leaves it to Congress to resolve an issue that's created a legal gray area for such discoveries.

    Amazing; this makes a nice change that they didn't discover a new right in the Constitution and order the states to follow it.

  • What was the deal? (Score:5, Insightful)

    by backslashdot ( 95548 ) on Monday January 13, 2020 @01:52PM (#59616262)

    A procedure to detect the presence of an antibody is patentable, but my understanding is that what Quest was saying is that simply making the conclusion that âoeoh, you have this antibody in you therefore you have a particular medical conditionâ is patentable.
    If thatâ(TM)s the case I think that is idiotic. How the hell do you even enforce that? Would they need to prevent testing for the antibody or at least get paid each time on account for the fact that it will inevitably lead to infringing on their âoeintellectual propertyâ?

    • Yes, while a lookup table for antibody --> condition is valuable, it would seem that it'd be more a copyright issue than a patent.
  • If I seek to withhold a way in which anyone could tell you need medical treatment or you will suffer a great deal and/or die,

    how is that any different from grievous bodily harm or manslaughter/murder?

    I don't think it matters if you drown somebody to death, or don't open hatch right in front of you by which he could save himself from drowning to death.
    Even if opening the hatch would be hard ... which in this case, it isn't, ... what monster would not at least try?

    Only a psychopath.

  • Or, at least, there should be a legal limit to how much profit you can make. The entire medical industry should be at the top of that list. Disagree? Then you tell me how it's right it is for some asshat to, for instance, buy a small pharmaceutical manufacturer that makes a one-of-a-kind life-saving medication, then jack up the price by a factor of ten thounsand, putting it out of reach of most of the people who need it to continue living? Realize this example is from real life and not made up, it's happen
    • by raymorris ( 2726007 ) on Monday January 13, 2020 @02:46PM (#59616536) Journal

      The VAST majority of medical breakthroughs over the last hundred years have come from the United States, where your billion dollar investment in researching all different possibilities just might pay off.

      There are a LOT of countries where you can't "make a profit" on medicine (which mostly means recouping your research expenses from that didn't work out). Those countries produce approximately zero new medical research.

      You want to change it from "you can buy the new med for $50 until the patent runs out, then it's $5" to "the meds are always $5". Your suggestion doesn't make that happen, though. Your suggestion is in place in many countries, lots of places to is no profit in medical research, and the result is there is no new medicine. Nobody can get it at any price. The actual options are:

      A. The newest meds cost $50 for the first few years they are on the market, $5 thereafter (US system)
      B. There are no new meds, at any price, because nobody is going to hand over their retirement savings for pharmaceutical research with no possibility that it'll come back and let them retire like any other investment would

      Yeah Martin Shkreli is an asshole. And he's in prison, where he belongs.

      • by Cyberax ( 705495 )

        The VAST majority of medical breakthroughs over the last hundred years have come from the United States, where your billion dollar investment in researching all different possibilities just might pay off.

        Not true. Sulfa drugs - Germany, penicillin - UK, insulin - Canada, beta blockers - UK, ...

        The US is really distinguished in the area of cancer drugs.

        • That's one for Germany, one for the UK, one for Canada, 13,538 for the US. The wins by a nose.

          About half of all new pharmaceuticals in the world are invented in one country - the US. The UK is the second leading country, though far behind the US.

      • The vast majority of medical breakthroughs have had significant PUBLIC funding and I bet a lot of core discoveries are completely publicly funded.

        If you lowered private.. it would only slow things slightly; perhaps you could increase funding like in the PAST (during those first 100 years) instead of handing tax cuts to corps who only re-invest a tiny portion into R&D grants... It's an inefficient way to indirectly fund research and only promotes research with promise for great profit. Plenty of "point

        • > I bet a lot of core discoveries are completely publicly funded

          You can "bet" whatever you want. If you want to know the actual facts, you can look at them instead. If you want to keep rooting for ideas that do not work, like a football fan rooting for a loaing team, make sure you don't look at the stats. You won't like them.

      • Then so-called 'profits' ALL to go research and development and NEVER into anyones' pockets. Period. THAT IS WHAT I AM TALKING ABOUT.
        • Here's how it works, since apparently you're new to workforce, or your parents didn't teach you anything.

          One day, you're going to be old. You'll be 75.

          You probably won't want to work when you're 75.

          In order to not be working as a Walmart greeter when you're 75, you check the "401K" box when you get hired.

          By checking that box your employer gives you free money match the 10% of your salary you are putting aside for wuen you get old (tax-free).

          In order to have enough to live on for 20 years, you can't stuff y

          • You can take your condescending attitude and shove up up your ass until you can taste it, asshole.
            • Are you having trouble reconciling your desire to eat something other than Alpo with your AOC bumper sticker, so you decided to go ad hominem? If you see anything incorrect in what I said, please point it out.

            • On second thought, I WAS being a dick with my first sentence.
              I shouldn't have said that. I apologise.

  • by SeaFox ( 739806 ) on Monday January 13, 2020 @04:43PM (#59617046)

    The Supreme Court's action leaves it to Lobbyists to resolve an issue that's created a legal gray area for such discoveries.

    ftfy

  • Well the process for the tests is one thing but I'm not sure those are able to be patented.

Somebody ought to cross ball point pens with coat hangers so that the pens will multiply instead of disappear.

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