Fourteen of the patents were licensed, all exclusively. The academic institutions holding most of them apparently lacked the resources to manage widespread licensing. Last year, Michael S. Watson , a pediatrics professor at Washington University School of Medicine, sent about 110 surveys to people board-certified in molecular diagnostics. A lawsuit might also fail, given the Supreme Court decision 20 years ago in Diamond v. Chakrabarty to assign oversight of biotech patentability to Congress. Some aggrieved bioscientists are accordingly starting to organize politically.
Reformers face an uphill battle.
Douglas Steinberg is a freelance writer in New York. A. Schissel et al. Inc. All rights reserved. We welcome your opinion.