By: Amy Ligler Nothing contained herein shall be considered to be the grant of a commercial license or right under the Wisconsin Patent Rights or to Wisconsin Materials. Furthermore, nothing contained herein shall be construed to be a waiver of WiCell’s patent rights under the Wisconsin Patent Rights or WiCell’s property rights in Wisconsin Materials. Download Full Article (PDF) Cite: 2001 Duke L. & Tech. Rev. 0037
Category: Health & Biotechnology
A Reconsideration of the Physicians’ Immunity Statute
By: Steve Dirksen The author assesses the “physicians’ immunity statute” from legal policy, ethical, and financial perspectives, and concludes that alternatives such as licensure and monetary incentives would better serve the goal of encouraging invention more effectively by rewarding it. Download Full Article (PDF) Cite: 2001 Duke L. & Tech. Rev. 0027
The Clone Wars: The Growing Debate Over Federal Cloning Legislation
By: John Garvish As readers of science fiction are well aware, the term “clone” refers to asexually produced offspring, that is, offspring produced by a process of cell-division which does not begin with the union of two sex cells. A clone is the genetic twin of the cell donor. Propagation of plants by this method is, of course, commonplace, but mammalian reproduction in this fashion would indeed be a revolutionary accomplishment, with profound and disturbing implications. Download Full Article (PDF) Cite: 2001 Duke L. & Tech. Rev. 0022
Where the Wild Wind Blows: Genetically Altered Seed and Neighboring Farmers
By: Jill Sudduth In March 2001, agro-business giant Monsanto won a victory in Canadian Federal Court over Saskatchewan farmer Percy Schmeiser. This case sets international precedent for appropriated seed cases and illustrates the primary concerns American courts must face as they consider Monsanto’s prosecution of 22 cases against American farmers. Download Full Article (PDF) Cite: 2001 Duke L. & Tech. Rev. 0015
The Fate of Gene Patents Under the New Utility Guidelines
By: The United States Patent and Trademark Office (PTO) recently finalized its patent utility guidelines. Promulgated by the PTO, the new guidelines will be used by patent examiners in determining whether a claimed invention should be awarded patent protection ;and will be used by patent applicants and attorneys who file patent applications. The guidelines focus primarily on the utility standards for gene and gene fragment patents, an issue that was featured in the PTO’s 1999 Revised Interim Utility Guidelines and has been the subject of considerable public debate. Download Full Article (PDF) Cite: 2001 Duke L. & Tech. Rev. 0008