[Upd-discuss] patenting genes

Richard Stallman rms@gnu.org
Tue, 21 Mar 2000 05:14:01 -0700 (MST)


    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. 

US patents only cover activities in the US anyway.  These
patentholders might obtain similar patents in other countries, if
those countries issue patents on surgical procedures; if so, it is the
patent law of those countries, rather than that of the US, that must
be changed to shield surgeons from lawsuits.