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Closure of a Patent Foramen Ovale PFO: An Intervention Sequence
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Patenting and licensing in genetic testing.

S Aymé, G Matthijs, S Soini

    European Journal of Human Genetics : EJHG
    |March 21, 2008
    PubMed
    Summary
    This summary is machine-generated.

    The European Society of Human Genetics (ESHG) proposes improvements to genetic patenting, recommending narrower claims and limited patentable subject matter to foster innovation. They also suggest ethical review and accessible licensing for genetic testing patents.

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    Area of Science:

    • Biotechnology Law
    • Intellectual Property Rights
    • Genetic Testing

    Background:

    • Patents are intended to drive innovation but can be problematic in genetics, particularly for genetic testing.
    • The current patenting system requires adjustments to better serve its purpose of promoting progress.

    Purpose of the Study:

    • To propose improvements to the existing patent system mechanisms concerning genetic testing.
    • To address ethical concerns and licensing issues associated with genetic patents.

    Main Methods:

    • Review of the current patent system and its application to genetic inventions.
    • Development of recommendations by the European Society of Human Genetics (ESHG).

    Main Results:

    • Recommendations include limiting the breadth of claims and patentable subject matter in genetic patents.
    • Suggestions to redefine utility in patent law and establish an ethics committee for gene patents.
    • Emphasis on non-exclusive, accessible licensing, exploring models like patent pools and clearinghouses.

    Conclusions:

    • Adjustments to genetic patent law are necessary to balance innovation with ethical considerations and patient access.
    • Implementing recommendations can improve the quality of genetic patents and facilitate smoother licensing arrangements.
    • A voluntary reporting system and a code of conduct are proposed to enhance transparency and ethical practices.