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View Diary: Gene Case Proves Capitalism Enslaves & Kills If Used As An Ideology Instead Of A Tool (16 comments)

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  •  I don't understand how (0+ / 0-)

    a patent can be granted to anyone based on the fact that they discovered it.  Were that the case then if I discovered a new species of plant (a friend of my wife has discovered 3) I could patent the plant.  They may be able to patent the process by which the naturally occurring living material was discovered but NOT the living material itself.
    My fear is that the current SCOTUS being the corporate lap dogs they have demonstrated to be will allow this corporate chicanery to stand.  It will be another step to a corporatist state , also known as Fascism

    "If knowledge can create problems, it is not through ignorance that we can solve them. Isaac Asimov (8.25 / -5.64}

    by carver on Mon Apr 22, 2013 at 10:10:57 AM PDT

    •  It can't. Utility is a key aspect of any patent. (1+ / 0-)
      Recommended by:
      Roadbed Guy

      To patent something it need to be novel (can't have been patented before or just be public domain); a use must be described and it must be reduced to practice, all things Myriad has done. They discovered the mutation (I guess) that predicted high risk for breast cancer. They devised a test for presence of the mutation. They reduced it to practice. They have 17 years of exclusive right to practice the invention, after which it becomes free for anyone to practice. So patents expire. They aren't forever. The purpose is to incentivize discovery and development of new products, in this case a test that has probably saved thousands of lives and probably thousands of mastectomies or ovariectomies.

      For if there is a sin against life, it consists perhaps not so much in despairing of life as in hoping for another life and in eluding the implacable grandeur of this life. - Albert Camus

      by Anne Elk on Mon Apr 22, 2013 at 10:57:04 AM PDT

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      •  Hmm, the meaning here is unclear (0+ / 0-)
        in this case a test that has probably saved thousands of lives and probably thousands of mastectomies or ovariectomies
        do you mean the test has saved lives by guiding women to have mastectomies or ovariectomies?  Somehow reading through that sentence I got the opposite impression . . .
        •  That is partially what I meant. (1+ / 0-)
          Recommended by:
          Roadbed Guy

          In cases where the test identifies a predisposing mutation, a combined mastectomy/ovariectomy eliminates the risk, and I know at least one person who took that route. On the other hand, in the case of women with a family history, the test could demonstrate that they did not inherit the mutation and that there is no reason for an operation. My apologies for the mangled text. I hope my meaning is now clear.

          For if there is a sin against life, it consists perhaps not so much in despairing of life as in hoping for another life and in eluding the implacable grandeur of this life. - Albert Camus

          by Anne Elk on Mon Apr 22, 2013 at 01:05:26 PM PDT

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          •  Thanks for the response (0+ / 0-)

            to me, this seems like quite a serious issue, but rather minor as compared to others who opt to have important body parts removed based on the results of tests like this, for example from CNN:  Christina Applegate: Why I had a double mastectomy

            To me, as a male, I of course don't have any good perspective on this - but I suspect that paying $3,000 (or having an insurance company that paid that amount out) would be a rather minor expense compared to the consequences of going through with the procedure .. . .

            •  Right. (1+ / 0-)
              Recommended by:
              Roadbed Guy

              Both the physical and psychological consequences are profound. So, a test like this could save someone a lot of suffering.

              For if there is a sin against life, it consists perhaps not so much in despairing of life as in hoping for another life and in eluding the implacable grandeur of this life. - Albert Camus

              by Anne Elk on Mon Apr 22, 2013 at 02:47:06 PM PDT

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      •  nothing novel (0+ / 0-)

        about a gene that already exists in nature

        •  Without seeing the (0+ / 0-)

          patent I would imagine it was technique, test kits, instruments etc, that was patented not the actual gene.

          "If knowledge can create problems, it is not through ignorance that we can solve them. Isaac Asimov (8.25 / -5.64}

          by carver on Sun Apr 28, 2013 at 02:19:17 PM PDT

          [ Parent ]

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