Patents What Is a Patent? Book Review Example

Part A: Diagnostics

The key point(s) of the lecture relate to patents as it is associated with intellectual property and the how biomedical diagnostics is associated with acquisition of patents.  Patent anatomy along with its legal implications was discussed as well as how intellectual property is protected. The lecture was supported by scientific data illustrating incidences of intellectual property theft. Other aspects included discussion on development and commercialization of patents (Mulholland, 2015).

This lecture is consistent with my view of the current market use of diagnostics in that commercialization or exist strategies were fully discussed and they are relevant to present practices pertaining to intellectual property in the biomedical research diagnostic science. Questions, however, regarding how free the freedom to operate a patent? There are many regulations for scientists to market their patents. So this does not appear to be truly free. Another question relates to why are regulatory timelines necessary?  How would this enhance marketing of th patent?

Part B: Rights and responsibilities of Patent holders

According to the information presented in this lecture and reading materials, rights and responsibilities of a patent holder vary from one country to the other because they are international treaties. However, globally the right pertains mainly to excluding others from claims and using the invention as their intellectual property. For example, in United States of America the patent law does not give a right to make use or market a patent when one is enforced for the particular property. It precisely explains that a patent prevents another company or person from making a similar invention, selling it or claiming that he/she made the invention during the period for which the patent is held by another holder (Mulholland, 2015).

This is twenty years (20) is that period. The patent holder only, has full right to use, market or transfer the patent during that time. This is the legal claim/right to the patency. If the patent for atenolol drug is owned by Fraser, Gaskin cannot apply for a patent or invent a similar drug to the extent of using or marketing the invention. One in its category already exists by Fraser whom the patent protects. However, the right could be easily lost if the patent holder (Fraser) is careless in his/her compliance with patent regulations responsibilities. Patents are granted by governments in agreement to patent holders sharing their profits with the issuing body. Consequently, fees required to keep the patency active must be paid as agreed to keep it enforced (Mulholland, 2015).

The Supreme Court’s ruling in the Myriad case was justified because the patent was offered as a gift and gifts are not taken back. Importantly, according the case judgment Australian patent 686,004 was not enforced.  For a patent to be valid it must be enforced. As such, there were no real-world effects of the court’s ruling. Richard Gold and Julia Carbone explained in their classic case study, “Myriad Genetics: In the Eye of the Policy Storm,” the patent rights on BRCA1 and BRCA2 were distinctly licensed to be used in Australia and New Zealand to Genetic Technologies, Ltd. (GTG). They in turn offered the patent as a gift to Australians (Myriad Gene Patent Litigation, 2015).

The intellectual property belonged to the Australia people. Therefore, similar companies to Australia and New Zealand to Genetic Technologies, Ltd. (GTG) had right to its use. In my opinion this ruling is positive because it upheld the rights of companies conducting the diagnostic testing and people to whom the patent was offered  as a gift due to its non enforcement. The message for diagnostic testing agencies is to ensure that their patents are enforced. Without legal enforcement they belong to the people in the country to which  companies function.

Reference

Mulholland, W. (2015). Patents what is a patent? ASU College of Health Solutions International School of Biomedical Diagnostics. Intellectual property lecture

Myriad Gene Patent Litigation (2015). Geometrics Law Report. Retrieved on April 2^nd, 2015 From http://www.genomicslawreport.com/index.php/category/badges/myriad-gene-patent-litigation/