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Charlotte Observer: Justices hesitate to decide what can be patented
Submitted by J.W. Bizzaro; posted on Thursday, March 23, 2006
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This is an update on the life science ``thought patent'' before the US Supreme Court:
``Metabolite attorney Miguel Estrada conceded, under questioning by Justice John Paul Stevens, that a doctor could infringe the patent by ordering a homocysteine test with the intent of determining B vitamin levels and then using the test results to infer whether there was indeed a deficiency.
``Justice Stephen Breyer said allowing doctors, scientists and computer experts to begin patenting every `useful idea' could establish `monopolies beyond belief.' Breyer asked if it would make sense to send the case back to the lower courts.
```What was made by man here?' Justice Antonin Scalia later asked, calling the invention the discovery of a natural principle.
``Whether the court would tackle the broader question of the patent's covering a law of nature remained unclear. Estrada cautioned that answering it could `wreak havoc on the patent world.'''
Full story:
http://www.twincities.com/mld/charlotte/news/14156331.htm?source=rss&channel=charlotte_news
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