< HOME  Wednesday, March 22, 2006

Patent-ly Absurd

While you were asleep, someone claimed title to your body's biochemical processes.
Elevated homocysteine is linked to B-12 deficiency, so doctors should test homocysteine levels to see whether the patient needs vitamins.
ACTUALLY, I can't make that [statement.] A corporation has patented that fact, and demands a royalty for its use. Anyone who makes the fact public and encourages doctors to test for the condition and treat it can be sued for royalty fees. Any doctor who reads a patient's test results and even thinks of vitamin deficiency infringes the patent. A federal circuit court held that mere thinking violates the patent.

All this may sound absurd, but it is the heart of a case that will be argued before the Supreme Court on Tuesday. In 1986 researchers filed a patent application for a method of testing the levels of homocysteine, an amino acid, in the blood. They went one step further and asked for a patent on the basic biological relationship between homocysteine and vitamin deficiency. A patent was granted that covered both the test and the scientific fact. Eventually, a company called Metabolite took over the license for the patent.

Although Metabolite does not have a monopoly on test methods — other companies make homocysteine tests, too — they assert licensing rights on the correlation of elevated homocysteine with vitamin deficiency. A company called LabCorp used a different test but published an article mentioning the patented fact. Metabolite sued on a number of grounds, and has won in court so far.
I don't think it can get any more perverse than this. But, I could be wrong.

For excellent legal arguments against patents: Stephen Kinsella.com


At Thursday, March 23, 2006, Anonymous Anonymous said...

Well, u gotta understand in Spenglerian "Decline of the West," everything has to degenerate so much to ABSURD in order for way to be cleared for the resurgence of Western culture against (1) SUBJECTIVISM in general and (2) Talmudism specifically. Our culture must be de-Judaized--and that's a great way to smoke out their accomplices among the gentiles. It's gotta get worse before it gets better, I'm afraid. Thor

At Thursday, March 23, 2006, Blogger Citisucks said...

Wow, the corporate terrorists are really fighting their class war fare hard. This is such a greedy sick society.


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