tag:blogger.com,1999:blog-6851300.post1880657489632850313..comments2023-11-05T06:06:12.057-06:00Comments on The 271 Patent Blog: Medical Technique Patents in the SpotlightTwo-Seventy-One Patent Bloghttp://www.blogger.com/profile/02481083706071978817noreply@blogger.comBlogger3125tag:blogger.com,1999:blog-6851300.post-58280494986752627782011-05-16T22:33:48.034-05:002011-05-16T22:33:48.034-05:00I suppose the sharing stops and the restriction be...I suppose the sharing stops and the restriction begins when the patent holder refuses to allow another doctor to use the technique.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-6851300.post-50596992273762588022007-07-25T09:34:00.000-05:002007-07-25T09:34:00.000-05:00"b" says that a doctor is expected to "share all i..."b" says that a doctor is expected to "share all information that can help patients" and seems to imply that filing for a patent is contrary to this policy. <BR/><BR/>I tend to disagree. A doctor that files a patent on a new medical process that he is using IS sharing the "knowledge" as his patent will be published and available to doctors everywhere. Would it be better that doctors simply hoard their novel surgical or other methods by maintaining them as trade secrets?<BR/><BR/>Perhaps "b" meant to say "sharing the method or process" and that makes sense....but the "information" is most certainly shared by filing for a patent....at least once the patent application is published or issues.<BR/><BR/>John Rizvi<BR/><A HREF="http://www.floridaipblog.com/" REL="nofollow">Florida<BR/>Intellectual Property<BR/>Law Blog</A>Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-6851300.post-70334215141324885292007-07-17T14:23:00.000-05:002007-07-17T14:23:00.000-05:00Your lede is a bit misleading. In both the world o...Your lede is a bit misleading. In both the world of software and medicine, the question is not about who is suing whom, but about the fundamental question of whether these fields should be in the scope of patentability. We can discuss software later, but many, such as the AMA, consider patenting medical procedures to be <A HREF="http://www.bmj.com/cgi/content/full/311/6996/12?q=y" REL="nofollow">against the Hippocratic oath</A>. A doctor is expected to share all information that can help patients, and the AMA and others consider patents to be somewhere between a hindrance and a contradiction to that principle.<BR/><BR/>So you can mark up the rise in patents to two sources: either more non-MDs getting into the field, or more doctors who are (by the AMA definition) behaving in an unethical manner.Bhttps://www.blogger.com/profile/02800570097085787943noreply@blogger.com