Re:US appeals court rules in favor of patenting genes
by rayiner on Thursday August 23, 2012 @02:26PM
(#4424025)
The "amino acids" language is from the blogger, not the opinion. Also, without trying to defend the decision--the judge who wrote the opinion (Alan Lourie) has a PhD in chemistry and worked as a chemist and scientist for Monsanto and Wyeth.
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Re:US appeals court rules in favor of patenting genes
by doktrin on Thursday August 23, 2012 @02:52PM
(#4424176)
This is an interesting point, and this very background may have found its way into the ruling. Specifically, that the judge has a background in chemistry and directly speaks to the difference in perspective between biologists and chemists :
"We recognize that biologists may think of molecules in terms of their uses, but genes are in fact materials having a chemical nature and, as such, are best described in patents by their structures rather than by their functions" [1]
The blogger goes on to state in more plain terms :
"In other words, this ruling affirms that molecular biology is, in fact, chemistry, if you want to look at it that way."
[1]http://pipeline.corante.com/archives/2012/08/17/the_myriad_g...
Re:US appeals court rules in favor of patenting genes
by mbreese on Thursday August 23, 2012 @02:56PM
(#4424203)
This makes perfect sense... I could easily see how a chemist could come to one conclusion, whereas a biologist would come to a completely different conclusion. In this case, I think the judge's chemistry training actually worked against him.