[Upd-discuss] patenting genes

[Lawrence Kolodney]

Re your comment below.  Section 287(c) applies only to doctors who are
licenced in the U.S.  But U.S. patent law (with exceptions not
relevant here) only applies to acts of infringement inside the U.S.
So all this law is saying is that a duly licenced doctor cannot be
sued for patent infringement under U.S. law for performing a surgical
procedure he is authorized to perform.

Foreign licenced doctors are not authorized to perform surgical
procedures in the U.S.

-----Original Message-----
From: Alan Story [mailto:a.c.story@ukc.ac.uk]
Sent: Monday, March 20, 2000 11:22 AM
To: Michael H. Davis
Cc: upd-discuss@venice.essential.org; 'rms@gnu.org';
rob@essential.org;
Lawrence Kolodney
Subject: Re: [Upd-discuss] patenting genes


[snip] 

Interestingly, when the U.S. Congress added subsection (c) 
to section 287 of the U.S. Patent Act which denied 
holders of patents and surgical procedures the 
right to sue medical practioners for the 
unauthorised use of these procedures in medical 
activities (meaning, failure/refusal to pay royalties), 
this protection against damages was only given to U.S. 
medical practioners and not those practicing medicine 
elsewhere. 

Cheers
Alan Story 



 

On Mon, 20 Mar 2000 10:08:49 -0500 "Michael H. Davis" 
<Michael.Davis@law.csuohio.edu> wrote:

----------------------
Alan Story
Kent Law School
Eliot College
University of Kent
Canterbury Kent UK
CT2 7NS
a.c.story@ukc.ac.uk
Ph. 01227 823316
Fax 01227 827831