The breadth of hopes.

نویسنده

  • Chris Feudtner
چکیده

n engl j med 361;24 nejm.org december 10, 2009 2306 as a link between vaccination schedules and immune-mediated disorders. Such processes are not appropriate for patents in part because, at least in health care, patenting them frustrates the objectives of scientific discovery in at least three ways. First, physicians’ decision making may infringe on such a patent, and liability can also arise from efforts by universities or educational companies to disseminate knowledge about new diagnosis or treatment strategies. Second, the need for licenses and royalty payments increases the cost of health care delivery and research and can decrease access to essential medical services. Third, the patents can impede subsequent medical innovation that builds on the basic scientific principle at issue. For example, Myriad Genetics owns patents on the use of the BRCA1 gene for assessing the risk of breast cancer, which can prevent the development and use of improved genetic tests that better identify at-risk patients. The recent expansion in the scope of process patents is at odds with the patent system’s constitutional goals. If the Supreme Court upholds the machineor-transformation test in Bilski, it could help prevent abuses in this area of the law, with potentially large benefits for several sectors, including health care. Financial and other disclosures provided by the author are available with the full text of this article at NEJM.org.

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عنوان ژورنال:
  • The New England journal of medicine

دوره 361 24  شماره 

صفحات  -

تاریخ انتشار 2009