Skip to main content
Premium Trial:

Request an Annual Quote

A Misunderstanding

At Patent Docs, Harold Wegner, a partner at the law firm Foley & Lardner, says that the popular idea that patenting "preempts follow-on research" and inhibits innovation is wrong and based on a flawed understanding of what patents are for. "A central axiom of any patent system is that the public has an immediate right on publication of a patent to experiment on newly patented technology," Wegner says. "This is precisely to encourage follow-on innovation. The right includes examining technology to see how it operates; comparing technology with competitive innovations; testing technology to demonstrate differences to the Patent Office; and, above all, designing around patents, to create competitive, noninfringing and sometimes better technology." In fact, he adds, patenting is essential to biotechnology, the pharmaceutical industry, and others, and there is almost never litigation filed against those who do such follow-on research because it is expected to happen. Recent cases like Prometheus and Myriad have perpetuated the "myth" that patenting is anathema to innovation, Wegner says, and the Supreme Court will eventually have to deal with the issue in order to settle it.

The Scan

Fertility Fraud Found

Consumer genetic testing has uncovered cases of fertility fraud that are leading to lawsuits, according to USA Today.

Ties Between Vigorous Exercise, ALS in Genetically At-Risk People

Regular strenuous exercise could contribute to motor neuron disease development among those already at genetic risk, Sky News reports.

Test Warning

The Guardian writes that the US regulators have warned against using a rapid COVID-19 test that is a key part of mass testing in the UK.

Science Papers Examine Feedback Mechanism Affecting Xist, Continuous Health Monitoring for Precision Medicine

In Science this week: analysis of cis confinement of the X-inactive specific transcript, and more.