To Patent or Not to Patent.docx - Running head TO PATENT OR NOT TO PATENT To Patent or Not to Patent Business Law and Ethics 3305 University of the

To Patent or Not to Patent.docx - Running head TO PATENT OR...

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Running head: TO PATENT OR NOT TO PATENT 1 To Patent or Not to Patent Business Law and Ethics 3305 University of the People
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TO PATENT OR NOT TO PATENT 2 Abstract In this week’s written assignments I will explore how scientists have isolated genes that cause particular diseases and modified genes that alter organisms for particular reasons. I will conduct a disagreement as to why anyone that develops modified organisms should be able to preserve their property rights buy patenting such organisms. I will also create a counterargument as to why such organisms should not be patentable. Analyzing the aspect of what a patent does and how it is beneficial. Thus, including a case called Diamond v. Chakrabarty and how this open doors towards patent and organisms. I have also incorporated the article of Henrietta Lack and Monsanto’s GMO onto this written assignment.
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TO PATENT OR NOT TO PATENT 3 When an idea, creation, invention or something made is patent for 20 years this excludes others from taking it and using it for their gain, unless you allow them through licensing. Let’s begin with the case Diamond v. Chakrabarty that has opened up doors towards patents. Chakrabarty developed a micro-organism or in other words modified bacterium that ate multiple types of oil compared to the existing micro-organism that only ate one type of oil. This was an amazing creation for our environment especially used if there is a tragic oil spill. Since this was the first modified micro-organism ever created Chakrabarty wanted his work to be patented in order to protect his invention. This patent was denied in 1972 and rejected by the patent examiner. Since the golden rule at the time as you are not able to patent anything that is a living thing. They have used terms in the lower court such as the creature of God, is a product of nature. For example, if you find a seed growing in a field that seed is a product of nature. In 1980 the Supreme Court granted the first patent on living organisms, what Chakrabarty invention’s needed to protect his innovation. The Supreme Court broke it down that this organism was not found in nature. Chakrabarty had to change its genetic structure in order to make it do something that any natural bacterium could not (ASP, 2012). As results of this case, many doors had open and some were good, bad and unknown. This case allows extending property rights on areas where they have not been before, especially when we are talking about life all sorts of ethical, philosophical, political, social justice, functionality, science, and innovations (ASP, 2012).
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  • Spring '17
  • C Seaton

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