Bonum Certa Men Certa

Patents That Have Life and Death at Stake

Also see: With $2.5 Billion in Claimed (and Won) 'Damages' in One Single Patent Case of a Pharmaceutical Giant, Does the Patents for 'Small Guy' Myth Still Pass Muster?

Medical sign



Summary: Ethical issues associated with patents that limit access to life-saving medicine, as illuminated by recent high-profile patent cases

TECHRIGHTS has spent a lot of time and space writing about or alluding to Life Technologies v Promega Corporation. To name some of the articles that cover or at least mention the case:



Yet another analysis of Life Technologies v Promega Corporation, a high-profile patent case, was recently published to say that the "Court expressly declined to decide “how close to ‘all’ of the components ‘a substantial portion’ must be” but rather held “only that one component does not constitute ‘all or a substantial portion’ of a multicomponent invention under €§271(f)(1).” Thus the Court left several questions open. For example, how do you determine how many components are in a claimed invention? And once you determine the number of components, how many must be supplied from the United States to constitute infringement under €§271(f)(1)? Is it a percentage of the total number of components? Will courts look to the relative importance of the various components or will it be purely a numbers-based analysis? What if the invention only has two components? In that instance, are the terms “all” and “a substantial portion” synonymous? The only certainty is that these unanswered questions will give rise to future litigation disputes."

"As regular readers are aware, we oppose primarily software patents, though we are growingly concerned about patents on life, too."There is another interesting case right now, notably the one revolving around Amgen with biosimilar cases (patents). MIP wrote many articles on the subject lately [1, 2, 3], as did IP Kat [1, 2]. With new extraordinary statements like "Biosimilars Market worth 10.90 Billion USD by 2021" and a lot of lobbying from patent law firms paid by pharmaceutical giants, we couldn't help but comment on the subject.

As regular readers are aware, we oppose primarily software patents, though we are growingly concerned about patents on life, too. There are also patents which limit access to life-saving medicine -- a subject often covered in our daily links under "Health/Nutrition" (IP Watch wrote about that quite a lot over the years). The EPO is implicated in such issues too, as we last noted three weeks ago.

This one particular new article about it says that the "Hong Kong government does not have an exclusive obligation towards patent holders, let alone to lower for their sake the patentability standards. They also have an obligation towards the citizens of Hong Kong. In safeguarding access to affordable medicines it should take into account innovative options to raise the patentability standards for medical use patents. Hong Kong’s Short-Term patent seems better equipped to protect these kinds of marginal and incremental improvements than the Original Grant Patent or Standard Patent."

"We certainly hope our readers can recognise that human rights and human lives are more important than so-called "patent rights" (typically privilege of the rich)."The person who wrote it, as the tone serves to show, works for a law firm and blogs at IP Dragon. Contrast this with this other new article IP Watch -- one that lays out the UN's views on access to medicine. "An event held at the World Trade Organization," it wrote, and "walked through key recommendations of the United Nations Secretary-General’s High-Level Panel on Access to Medicines, including strategies for moving some of them forward."

We certainly hope our readers can recognise that human rights and human lives are more important than so-called "patent rights" (typically privilege of the rich).

Recent Techrights' Posts

Google: We Run and Fund Diversity Programs, Please Ignore How Our Own Staff Behaves
censorship is done by the recipients of the grants
European Patent Office (EPO) Has Serious Safety Issues, This New Report Highlights Some of Them
9-page document that was released to staff a couple of days ago
Microsoft-Run FUD Machine Wants Nobody to Pay Attention to Microsoft Getting Cracked All the Time
Fear, Uncertainty, Doubt (FUD) is the business model of "modern" media
Congratulations to Debian Project Leader (DPL) Andreas Tille
It would not be insincere to say that Debian has issues and those issues need to be tackled, eventually
David Graeber, village wives & Debian Outreachy internships
Reprinted with permission from disguised.work
 
If Red Hat/IBM Was a Restaurant...
Two hours ago in thelayoff.com
Why We Republish Articles From Debian Disguised.Work (Formerly Debian.Community)
articles at disguised.work aren't easy to find
Paul Tagliamonte & Debian Outreachy OPW dating
Reprinted with permission from disguised.work
Disguised.Work unmasked, Debian-private fresh leaks
Reprinted with permission from disguised.work
[Meme] Fake European Patents Helped Fund the War on Ukraine
The European Patent Office (EPO) does not serve the interests of Europe
IRC Proceedings: Saturday, April 20, 2024
IRC logs for Saturday, April 20, 2024
Over at Tux Machines...
GNU/Linux news for the past day
Torvalds Fed Up With "AI" Passing Fad, Calls It "Autocorrect on Steroids."
and Microsoft pretends that it is speaking for Linux
Gemini Links 21/04/2024: Minecraft Ruined
Links for the day
Links 20/04/2024: Apple is Censoring China’s App Store for the Communist Party of China
Links for the day
Links 20/04/2024: Accessibility in Gemini and Focus Time
Links for the day
20 April: Hitler's Birthday, Debian Project Leader Election Results
Reprinted with permission from Daniel Pocock
September 11: Axel Beckert (ETH Zurich) attacks American freedoms
Reprinted with permission from Daniel Pocock
20,000 victims of unauthorized Swiss legal insurance scheme
Reprinted with permission from Daniel Pocock
Matthew Garrett, Cambridge & Debian: female colleague was afraid
Reprinted with permission from disguised.work
Neil McGovern & Ruby Central part ways
Reprinted with permission from disguised.work
Links 20/04/2024: Chinese Diplomacy and 'Dangerous New Course on BGP Security'
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, April 19, 2024
IRC logs for Friday, April 19, 2024
The Latest Wave of Microsoft Crime, Bribes, and Fraud
Microsoft is still an evil, highly corrupt company
Links 19/04/2024: Running a V Rising Dedicated Server on GNU/Linux and More Post-"AI" Hype Eulogies
Links for the day
Gemini Links 19/04/2024: Kolibri OS and OpenBSD
Links for the day
[Video] Novell and Microsoft 45 Years Later
what happened in 2006 when Novell's Ron Hovsepian (who had come from IBM) sealed the company's sad fate by taking the advice of Microsoft moles
[Meme] EPO “Technical” Meetings
an institution full of despots who commit or enable illegalities
EPO “Technical” Meetings Are Not Technical Anymore, It's Just Corrupt Officials Destroying the Patent Office, Piecewise (While Breaking the Law to Increase Profits)
Another pillar of the EPO is being knocked down
Red Hat Communicates the World Via Microsoft Proprietary Spyware
Red Hat believes in choice: Microsoft... or Microsoft.
Sven Luther, Lucy Wayland & Debian's toxic culture
Reprinted with permission from disguised.work
Chris Rutter, ARM Ltd IPO, Winchester College & Debian
Reprinted with permission from disguised.work
[Video] Microsoft Got Its Systems Cracked (Breached) Again, This Time by Russia, and It Uses Its Moles in the Press and So-called 'Linux' Foundation to Change the Subject
If they control the narrative (or buy the narrative), they can do anything
Links 19/04/2024: Israel Fires Back at Iran and Many Layoffs in the US
Links for the day
Russell Coker & Debian: September 11 Islamist sympathy
Reprinted with permission from disguised.work
Sven Luther, Thomas Bushnell & Debian's September 11 discussion
Reprinted with permission from disguised.work
G.A.I./Hey Hi (AI) Bubble Bursting With More Mass Layoffs
it's happening already
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, April 18, 2024
IRC logs for Thursday, April 18, 2024