The Supreme Court long ago ruled that an inventor who discovers a phenomenon in nature, or figures out a “law of nature,” cannot get an exclusive right to use or sell that by obtaining a patent from the federal government. Natural phenomena are the basic tools with which every would-be inventor starts, so locking up the right to use them in a monopoly held by a specific patent owner will frustrate others who might want to look for new ways to interpret that phenomena, the Court has said.
The exclusion of natural substances from eligibility for patents was the theory on which the Court relied Thursday in its unanimous ruling that a company cannot get a patent monopoly on the use and study of human genes that it isolates in the bloodstream, and them takes them out — without changing their natural character — for research.
Michael Sauers is the Technology Manager for Do Space in Omaha, NE. After earning his MLS in 1995 from the University at Albany's School of Information Science and Policy Michael spent his first 20 years as a librarian training other librarians in technology along with time as a public library trustee, a bookstore manager for a library friends group, a reference librarian, a technology consultant, and a bookseller. He has written dozens of articles for various journals and magazines and has published 14 books ranging from library technology, blogging, Web design, and an index to a popular horror magazine. In his spare time, he blogs at TravelinLibrarian.info, runs The Collector's Guide to Dean Koontz website at CollectingKoontz.com, takes many, many photos, and typically reads more than 100 books a year.
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The Supreme Court long ago ruled that an inventor who discovers a phenomenon in nature, or figures out a “law of nature,” cannot get an exclusive right to use or sell that by obtaining a patent from the federal government. Natural phenomena are the basic tools with which every would-be inventor starts, so locking up the right to use them in a monopoly held by a specific patent owner will frustrate others who might want to look for new ways to interpret that phenomena, the Court has said.
