Intellectual Property Concerns - Free Essay Example

Introduction In line with the advancement of technology in the field of medicine, there has been a great deal of discovery of human genome related genes and diagnostic methods. Patent law has encouraged inventors to patent their invention so as to avoid exploitation and promote innovation. However, these patents appear to be controversial and have been a hotly debated issue in many countries, such as the BRCA1 gene patents and its diagnostic methods patents. This essay will address the merits and demerits of patent by looking into the relevant legal framework and analyzing it in terms of US, UK and EU case laws. The main focus would be on patentability of genetic diagnostic in vitro test and human genome related genes. Patent Law European Union The general requirements for patent law in Europe is governed by Art 52(1) of the European Patent Convention(EPC) 2000.[1] It provides that any inventions that fulfill the requirement of novelty and inventive step can be patented if they are capable of industrial application.[2] However, the exact concept of invention has not been explicitly defined by the EPC. Nevertheless, it is stated that the invention must possess technical features[3] that relates to a technical field[4], and which involves a technical problem.[5] Thus, it can be seen that à ¢Ã¢â€š ¬Ã‹Å"technicalityà ¢Ã¢â€š ¬Ã¢â€ž ¢ is a prerequisite in order to be patent eligible. Besides, exclusions that must not be treated as i nventions are provided in Art 52(2)[6] and 52(3)[7]. United Kingdom In UK, the governing statute for patent law is the Patents Act 1977.[8] It is passed to implement the EPC. The essence of patent law is in s1 to s3 of the act, where the criteria for patentability are provided. This act also provides a list of exclusions from patentability that will only be applicable when relevant. According to s 4A(1)(b), diagnostic methods themselves are unable to be patented.[9] This provision is very similar to Art 53(c) of the EPC. United States Patent law in the United States is governed by S 101 of Title 35 United States Code(USC).[10] It provides that for a subject matter to be patentable, it must fall within either of these categories, namely process, machine, manufacture and composition of matter.[11] If one discovers or invents any new and useful abovementioned subject matters, or any new and useful improvement, they might be eligible to acquire a patent subject to the req uirements and conditions.[12] The prerequisite that an invention be à ¢Ã¢â€š ¬Ã‹Å"technicalà ¢Ã¢â€š ¬Ã¢â€ž ¢ is not explicitly present in US law. Also, there is no statutory provision equivalent to Art 52 EPC that provides exclusions from patentability. Nevertheless, the courts have devised some exceptions from patentability, such as law of nature, abstract ideas and basic human knowledge.[13] Patentability of Genes European Union and United Kingdom In order for a gene to be patentable, there must be an invention and it must satisfy the requirements of novelty, inventive step and industrial application. In Netherlands v DIR 98/44/EC, it was confirmed that Art 5(1) of the Directive which states that human body is not patent eligible was valid.[14] Therefore, a mere discovery of the existence of specific DNA sequence in the human body is not an invention and not patentable.[15] It follows that only invention that merges a natural element with a technical process where th e DNA sequence is isolated from its natural environment, or produced for an industrial application, would be capable of being patented.[16] As for the novelty requirement, we must be clear that what is being claimed here is the isolated sequence carried out through a technical process, which is distinct from what was existing, thus making it novel from patent law perspective.[17] The German Antamanid case held that the fact that an isolated substance which functions were not known to someone skilled at the time of application and not capable of being used before the application makes the substance something novel.[18] As for the inventive requirement, it is more difficult to satisfy. A genetic invention would only be regarded as inventive provided it is shown that acquiring the sequence was a technical achievement or that a new property related to the gene is discovered.[19] The use of DNA sequence as a diagnostic tool is said to involve an inventive step.[20] Lastly, the invention must be capable of industrial application. In short, if the patentability requirements are met, an isolated gene such as the BRCA1 is in principle patentable in the EU. United States In line with the three exceptions, a living thing is understood to be patent ineligible. However, in the 1980s, the Supreme Court held in Diamond v Chakrabarty that a genetically engineered bacterium that has different characteristics from the naturally occurring bacterium is patent eligible.[21] From then onwards, naturally occurring human DNA sequences of genes have been granted patent. This has sparked a widespread controversy over the negative impact gene patents could have on genetic testing.[22] Consequently, in Association for Molecular Pathology v Myriads Genetics, the Supreme Court held that the diagnostic genes which are involved in the susceptibility to breast cancer cannot be patented.[23] It held that merely isolating genes that can be found in nature does not render it patent elig ible.[24] The impact of this decision has extended beyond putting an end to the companyà ¢Ã¢â€š ¬Ã¢â€ž ¢s monopoly over its genetic diagnostic in vitro test. Patentability of Genetic Diagnostic Test European Union and United Kingdom Gene sequence is also used as the basic material of a genetic diagnostic test.[25] Patents are not only claimed in the gene sequence used in such tests, but also for diagnostic testing method itself.[26] Art 53(c) of the EPC provides that à ¢Ã¢â€š ¬Ã‹Å"diagnostic methods practiced on the human bodyà ¢Ã¢â€š ¬Ã¢â€ž ¢ are not patent eligible.[27] This is because medical and diagnostic methods ought to be available to the medical society, and without the need to obtain a use license.[28] The Enlarged Board in G1/04 sets out a list of steps that must be performed in order to be excluded from patentability and that each and every step must involve an interaction with the human body.[29] Therefore, genetic diagnostic methods such as the in vitro tes t where the steps are performed by in vitro technique on a sample tissue is purely specialized in nature, and lacking direct involvement with the body, hence will not be excluded from patentability under Art 53(c). This is evidenced in T666/05, where the genetic diagnostic in vitro test that determines oneà ¢Ã¢â€š ¬Ã¢â€ž ¢s susceptibility to breast cancer is held to be patentable.[30] In terms of patentability requirements, novelty is easily satisfied. However, à ¢Ã¢â€š ¬Ã‹Å"inventive stepà ¢Ã¢â€š ¬Ã¢â€ž ¢ could be difficult to be established. Nevertheless, if these tests could be performed based on the application of a single principle that is applicable to all the tests, as automated processes, there is no reason why patents of this kind should be denied despite the difficulty of establishing inventive step.[31] Moreover, even if the process is not inventive, it has been argued that it is inventive to come up with the test, and the development ought to be considered the unex pected effect of DNA.[32] Besides, the utility requirement is also easily satisfied because genetic testing based on the use of partial gene sequence is considered a special utility.[33] Thus, in principle, in vitro diagnostic test involving these technical steps are patentable in Europe, as opposed to tests that are practiced on the human body which are not patentable. United States In the US, there is no provision like Art 53(c). The US Patent and Trademark Office(USPTO) has provided a three-step test for determining whether it is patentable under S 101 of Tittle 35 USC. Firstly, it must be determined whether the subject matter is directed to a method, then whether its focus is on a natural subject matter, and lastly, whether there is presence of additional elements which combine the natural principle into the claimed invention in a way that the natural principle is practically applied.[34] In Mayo Collaborative Services v Promethues Laboratories, the diagnostic claim was held to be a law of nature and not patentable.[35] The process is something that has been well understood, and involves routine and traditional activity that has been practiced by researchers earlier.[36] There is no additional element such as innovation and inventive step that could otherwise make it patentable.[37] The court thought that patent law should not discourage further discovery by restricting the future use of law of nature in an inappropriate manner.[38] Mayo was followed in AMP v USTPO, where the genetic diagnostic in vitro test was held to be patentable ineligible.[39] It was held that the mental act of comparing gene sequences falls under the exception of abstract mental process. Besides, it also failed the à ¢Ã¢â€š ¬Ã‹Å"machine-or-transformation testà ¢Ã¢â€š ¬Ã¢â€ž ¢, which requires a particular article to be transformed into a different state or thing.[40] In short, patents for diagnostic genetic in vitro test in the US has been invalidated in this case .[41] Impact of Diagnostic Patents All these while, there has been a lot of controversy surrounding the granting of patents for diagnostic tests. In Europe, it has been argued that in vitro test should also be excluded from patentability. After all, the rationale behind the exclusion for ordinary diagnostic methods is partly due to the accessibility to health care methods, and there seems to be no reason why in vitro methods should be treated differently.[42] Thus, it is argued that in vitro method should also be governed by a similar health care concern. There are also some issues regarding whether patents for diagnostic testing are not overbroad.[43] For example, in the context of BRCA1 patents, broad claims are submitted, not only the gene sequences are claimed, but also a number of other predictive diagnostic tests, and sometimes even some gene therapy claims.[44] This seems to be categorized as reach-through claims and they could cause problems that will be discussed l ater.[45] Also, broad patents that cover almost all likely conceivable tests could stifle investment as there is no further incentive to develop and improve the tests.[46] Argument against Diagnostic Patents Research and Development Patents can have a negative impact on the development of better diagnostic tests and the research into disease, where the patented test is not widely licensed.[47] Even if it is widely licensed, royalty fees will still limit access.[48] The Institute Curie argued that the monopoly will eventually cause a loss of expertise and information among research scientists and physicians because they are prevented from improving diagnostic technologies and method, therefore not under any position to further their research.[49] For example, under Myriadà ¢Ã¢â€š ¬Ã¢â€ž ¢s superior position, it enjoys the advantage of receiving all the DNA samples from high-risk individuals and build up its genetic data bank, thus providing itself strong control over main r esearch materials, at the expense of other researchers.[50] Besides, Professor Stratton claimed that the impact of patents on research is unacceptable because most research in the private sector will not be carried out due to the fear that the commercial value of their research will eventually be owned by the company having monopoly in the diagnostic test.[51] A survey conducted among 74 laboratory physicians indicated that 48 percent have not developed a clinical test due to patents, while 25 percent put aside a clinical test they had developed after receiving letters from patent holder claiming infringement.[52] For example, testing for breast cancer, Canavan disease, Charcot-Marie-tooth disease and Alzheimerà ¢Ã¢â€š ¬Ã¢â€ž ¢s disease have been stopped because of this.[53] Besides, researchers are of the opinion that patents imposed on the use of test can undermine their activities as unknown genetic mutation could well be disclosed by diagnostic testing.[54] Moreover, in o rder to validate and extend the early discovery of a disease gene, there must be an increased clinical studies and this becomes inconvenient and high-priced when access to the patented subject-matter is restricted.[55] Also, Dr Judy Kirk claimed that genetic research would be stifled because the research study is unable to pay for the amount of genetic testing that is ridiculously priced.[56] Patient Access Patent protection can also be a great stumbling block to competition and in turn compromise the benefits that a free market can bring to the industry.[57] From a consumerà ¢Ã¢â€š ¬Ã¢â€ž ¢s perspective, patents can result in the price for the in vitro test being very expensive because the patent owner is not under any price restraints imposed by competition in the industry.[58] Another reason for the high cost is due to the need to pay for royalties for each patent, known as royalty stacking.[59] This was exactly what happened in Myriad.[60] Thus, access to the test is onl y available to those who can afford to pay the inflated price and this is definitely not in the best interest of society. Apart from this, patents would result in a single provider having a monopoly over the particular genetic test, thus disabling patients from accessing alternative testing as double confirmation or as a second opinion.[61] Patents can potentially cause the concentration of expertise to be vested in one single provider who holds the patent rights, and in turn negatively affect quality and validation, ultimately having a detrimental effect on patient access.[62] Arguments for Patents of Diagnostic Tests As we move beyond the improperly restricted view of patents, we would come to realize that there is also considerable support for patents of diagnostic methods, including in vitro methods. It must be noted that nowadays in vitro diagnostics plays an important role in providing diagnostic solutions for a huge amount of diseases, it is also the initial step in the whole treatment process, and that patents has played an important role in this.[63] Research and Development As has been argued that patents could potentially stifle research and developments in terms of health care improvement, a broad exclusion of patents could also have the same result[64] In fact, this situation is worse as it will happen at an early stage of research while innovators still need to rely heavily on venture capital to fund the years of research.[65] Moreover, the royalty fee paid by academic researchers is much lower than what is paid by commercial researchers.[66] This is in the interest of society as social cost of patents is minimized while the profits of patent holders are increased and this allows a wider market to be exploited.[67] Acknowledging the need to develop such test for health care, investments should be encouraged instead of being deterred.[68] In fact, empirical studies have indicated that exclusivity creates incentives for develop ment of diagnostic tests.[69] Moreover, innovation and invention both demand foresight, planning and organization in the employment of resources, and this arguably could not be achieved without the rights of a patent.[70] Disclosure of Information It should be noted that in the absence of patent protection, part of the know-how may never be disclosed and in turn affect cost of research for people seeking to develop such tests.[71] The rationale behind this is that no company would be willing to invest in creating a valuable database if value of the data can anyhow be acquired by competitors.[72] The SACGHS report has in fact indicated that the absence of patent protection promotes secrecy, and this is not in the interest of society because people are denied new knowledge.[73] Increased Investments It has been argued that patent protection would lead to exorbitant cost for test. However, these social costs should be tolerated as they are outweighed by the market advant age of an increased investment in innovation arising from patents.[74] This is in the public interest, thereby justifying it as having a net social benefit.[75] Besides, academic commentators have opined that high profitable returns resulting from the use of patent is what attracts investors to devote to long run commitments.[76] Moreover, without a patent system, the problem of free-riding will result in a market that undersupplies inventions.[77] The patent system focuses on correcting this market failure.[78] On a side note, in the very recent case of Ambry v Myriad, it is ruled that before Myriadà ¢Ã¢â€š ¬Ã¢â€ž ¢s patent claims has been struck down, other competing test on the market are still allowed.[79] Thus it can be seen that competition in the genetic testing market is necessary for the benefits of consumers.[80] Patient Access Despite various arguments on the negative impact of patents on patient access, evidence has shown that these patents are not really a proble m in Europe because they are generally ignored.[81] In the US, Barbara Weber has also expressed that patents such as the Myriad diagnostic patent has not in any way affected patient access.[82] It might be true that Myriad has the only clinical test, it is also the only lab which is capable of doing it right with of the resources they own.[83] On the other hand, one of the biggest problems that patients who need a diagnostic testing service have to struggle with is insurance reimbursement.[84] The patent system provides incentives for patent holders to collaborate with insurance companies and overcome this problem.[85] Besides, with regards to BRCA testing, patents have empowered patients to take control of their genetic information, considering the fact that medical establishment has limited patient access to this information.[86] Solutions Despite the potential for patents to have negative impact on various issues discussed above, there are several ways to deal with the o bjections against diagnostic patents in particular. Research Exemption Patent law in Europe has the feature of research exemption that permits researchers to use a patented material without infringing the rights of the patent holder. In fact, most countries in Europe have such provisions that achieve the same effect.[87] This also applies to both the DNA sequence and diagnostic or screening methods thus exempting fundamental research from any infringement. Therefore, the concern about patent having a stifling effect on research is theoretical, at least in Europe. However, it must be noted that exact scope of these exemption differs between countries, and such provision does not exist in the US.[88] Government Intervention While it is true that patents would cause the price of the diagnostic test to increase, acting against it predominantly for this reason will however not be an appropriate strategy because patent law is not a price regulating instrument.[89] The denial o f patent would not necessarily make the price lower even though it admittedly would do so in certain cases.[90] Thus, the more effective strategy of influencing the cost of such health care services is government intervention such as imposing maximum prices, funding and organization, as seen in many European countries.[91] Conclusion In conclusion, the patentability of gene and diagnostic methods differs in the US and Europe. Patents on diagnostic test have advantages as well as disadvantages. Nevertheless, there is sufficient evidence that the patent system has functioned satisfactorily for the dissemination of knowledge and the development of technology, and has no doubt benefited the society ultimately.[92] Therefore, any disadvantages seems to have been outweighed by the advantages discussed above. In all, the disadvantages may not be a good reason to overhaul the patent system for diagnostic tests, as these problems may also be solved by ways discussed above. [1] European Patent Convention 2000, Art 52(1) [2] ibid [3] ibid, Rule 43(1) [4] ibid, Rule 43(1)(a) [5] ibid, Rule 42(1)(c) [6] ibid, Art 52(2) [7] ibid, Art 52(3) [8] Patents Act 1977 [9] ibid, s 4A(1)(b). [10] 35 United States Code 101 [11] ibid, MPEP s 2104 [12] ibid, MPEP s 2106 [13] ibid [14] Case C-377/98 Kingdom of the Netherlands v European Parliament and Council of the European Union [2001] ECR I-7079 [15] Sven Bostyn, à ¢Ã¢â€š ¬Ã‹Å"Patenting DNA Sequences (Polynucleotides) and Scope of Protection in the European Union : An Evaluationà ¢Ã¢â€š ¬Ã¢â€ž ¢ (2004) https://ec.europa.eu/internal_market/indprop/docs/invent/patentingdna_en.pdf accessed 4 May 2015 [16] ibid [17] ibid [18] Antamanid BPatG, GRUR 1978, as cited in Sven Bostyn, à ¢Ã¢â€š ¬Ã‹Å"Patenting DNA Sequences (Polynucleotides) and Scope of Protection in the European Union : An Evaluationà ¢Ã¢â€š ¬Ã¢â€ž ¢ (2004) https://ec.europa.eu/internal_market/indprop/do cs/invent/patentingdna_en.pdf [19] Stephen Merrill, Richard Levin, Mark Myers, à ¢Ã¢â€š ¬Ã‹Å"A Patent System for the 21st Centuryà ¢Ã¢â€š ¬Ã¢â€ž ¢ www.nap.edu/html/patentsystem/0309089107.pdf accessed 23 April 2015 [20] Sven Bostyn, à ¢Ã¢â€š ¬Ã‹Å"Patenting DNA Sequences (Polynucleotides) and Scope of Protection in the European Union : An Evaluationà ¢Ã¢â€š ¬Ã¢â€ž ¢ (2004) https://ec.europa.eu/internal_market/indprop/docs/invent/patentingdna_en.pdf accessed 4 May 2015 [21] Diamond v Chakrabarty [1980] 447 US 303 [22] Naomi Hawkins, à ¢Ã¢â€š ¬Ã‹Å"An exception to infringement for genetic testingà ¢Ã¢â€š ¬Ã¢â€ž ¢ (2012) 43(6) IIC 641-661 [23] Association for Molecular Pathology v Myriads Genetics [2013] WL 2631062 [24] ibid [25] Sven Bostyn, à ¢Ã¢â€š ¬Ã‹Å"Patenting DNA Sequences (Polynucleotides) and Scope of Protection in the European Union : An Evaluationà ¢Ã¢â€š ¬Ã¢â€ž ¢ (2004) https://ec.europa.eu/internal_market/indprop/docs/invent/patentingdna_en.pdf a ccessed 4 May 2015 [26] ibid [27] European Patent Convention 2000, Art 53(c) [28] Sven Bostyn, à ¢Ã¢â€š ¬Ã‹Å"Patenting DNA Sequences (Polynucleotides) and Scope of Protection in the European Union : An Evaluationà ¢Ã¢â€š ¬Ã¢â€ž ¢ (2004) https://ec.europa.eu/internal_market/indprop/docs/invent/patentingdna_en.pdf accessed 4 May 2015 [29] [30] [31] Sven Bostyn, à ¢Ã¢â€š ¬Ã‹Å"Patenting DNA Sequences (Polynucleotides) and Scope of Protection in the European Union : An Evaluationà ¢Ã¢â€š ¬Ã¢â€ž ¢ (2004) https://ec.europa.eu/internal_market/indprop/docs/invent/patentingdna_en.pdf accessed 4 May 2015 [32] ibid [33] ibid [34] USTPO, à ¢Ã¢â€š ¬Ã‹Å"Evaluating Subject Matter Eligibility under 35 USC 101à ¢Ã¢â€š ¬Ã¢â€ž ¢ https://www.uspto.gov/sites/default/files/patents/law/exam/101_training_aug2012.pdf accessed 25 April 2015 [35] Mayo Collaborative Services v Promethues Laboratories [2012] 566 US ___ [36] ibid [37] ibid [38] ibid [39] Association for Molecular Pathology v Myriads Genetics [2013] WL 2631062 [40] Case Report, à ¢Ã¢â€š ¬Ã‹Å"United States of America: Patent Act, 35 U.S.C. s.101 AMP v USPTO and Myriadà ¢Ã¢â€š ¬Ã¢â€ž ¢ (2011) 42(8) IIC 976 [41] ibid [42] Sven Bostyn, à ¢Ã¢â€š ¬Ã‹Å"Patenting DNA Sequences (Polynucleotides) and Scope of Protection in the European Union : An Evaluationà ¢Ã¢â€š ¬Ã¢â€ž ¢ (2004) https://ec.europa.eu/internal_market/indprop/docs/invent/patentingdna_en.pdf accessed 4 May 2015 [43] ibid [44] ibid [45] ibid [46] ibid [47] David Booton, à ¢Ã¢â€š ¬Ã‹Å"Patents for Diagnostic Tools : An Economic Analysisà ¢Ã¢â€š ¬Ã¢â€ž ¢ (2013) 3 IPQ 187-213 [48] SACGHS, à ¢Ã¢â€š ¬Ã‹Å"Gene Patents and Licensing Practices and their impact on Patient Access to Genetic Testsà ¢Ã¢â€š ¬Ã¢â€ž ¢ https://osp.od.nih.gov/sites/default/files/SACGHS_patents_report_2010.pdf accessed 1 May 2015 [49] Matthew Rimmer, à ¢Ã¢â€š ¬Ã‹Å"Myriad Genetics : Patent Law and Genetic Testingà ¢Ã¢â€ š ¬Ã¢â€ž ¢ (2003) 25 EIPR 20-33 [50] ibid [51] ibid [52] College of American Pathologists, à ¢Ã¢â€š ¬Ã‹Å"Statement to the Secretaryà ¢Ã¢â€š ¬Ã¢â€ž ¢s Advisory Committee on Genetics, Health and Societyà ¢Ã¢â€š ¬Ã¢â€ž ¢ https://www.cap.org/apps/docs/advocacy/comments/SACGHS_comments_gene_patents.pdf accessed 28 April 2015 [53] ibid [54] David Booton, à ¢Ã¢â€š ¬Ã‹Å"Patents for Diagnostic Tools : An Economic Analysisà ¢Ã¢â€š ¬Ã¢â€ž ¢ (2013) 3 IPQ 187-213 [55] ibid [56] Matthew Rimmer, à ¢Ã¢â€š ¬Ã‹Å"Myriad Genetics : Patent Law and Genetic Testingà ¢Ã¢â€š ¬Ã¢â€ž ¢ (2003) 25 EIPR 20-33 [57] David Booton, à ¢Ã¢â€š ¬Ã‹Å"Patents for Diagnostic Tools : An Economic Analysisà ¢Ã¢â€š ¬Ã¢â€ž ¢ (2013) 3 IPQ 187-213 [58] ibid [59] Naomi Hawkins, à ¢Ã¢â€š ¬Ã‹Å"An exception to infringement for genetic testingà ¢Ã¢â€š ¬Ã¢â€ž ¢ (2012) 43(6) IIC 641-661 [60] Association for Molecular Pathology v Myriads Genetics [2013] WL 2631062 [61] Naomi Hawkins, à ¢Ã¢â €š ¬Ã‹Å"An exception to infringement for genetic testingà ¢Ã¢â€š ¬Ã¢â€ž ¢ (2012) 43(6) IIC 641-661 [62] ibid [63] Sven Bostyn, à ¢Ã¢â€š ¬Ã‹Å"Patenting DNA Sequences (Polynucleotides) and Scope of Protection in the European Union : An Evaluationà ¢Ã¢â€š ¬Ã¢â€ž ¢ (2004) https://ec.europa.eu/internal_market/indprop/docs/invent/patentingdna_en.pdf accessed 4 May 2015 [64] ibid [65] Christopher Holman, à ¢Ã¢â€š ¬Ã‹Å"The Critical Role of Patents in the Development, Commercialization, and Utilization of Innovative Genetic Diagnostic Testsà ¢Ã¢â€š ¬Ã¢â€ž ¢ https://cpip.gmu.edu/wp-content/uploads/2014/04/Holman-Christoher-The-Critical-Role-of-Patents-in-Genetic-Diagnostic-Tests.pdf accessed 4 May 2014 [66] David Booton, à ¢Ã¢â€š ¬Ã‹Å"Patents for Diagnostic Tools : An Economic Analysisà ¢Ã¢â€š ¬Ã¢â€ž ¢ (2013) 3 IPQ 187-213 [67] ibid [68] Sven Bostyn, à ¢Ã¢â€š ¬Ã‹Å"Patenting DNA Sequences (Polynucleotides) and Scope of Protection in the European Union : An Evaluati onà ¢Ã¢â€š ¬Ã¢â€ž ¢ (2004) https://ec.europa.eu/internal_market/indprop/docs/invent/patentingdna_en.pdf accessed 4 May 2015 [69] SACGHS, à ¢Ã¢â€š ¬Ã‹Å"Gene Patents and Licensing Practices and their impact on Patient Access to Genetic Testsà ¢Ã¢â€š ¬Ã¢â€ž ¢ https://osp.od.nih.gov/sites/default/files/SACGHS_patents_report_2010.pdf accessed 1 May 2015 [70] David Booton, à ¢Ã¢â€š ¬Ã‹Å"Patents for Diagnostic Tools : An Economic Analysisà ¢Ã¢â€š ¬Ã¢â€ž ¢ (2013) 3 IPQ 187-213 [71] Sven Bostyn, à ¢Ã¢â€š ¬Ã‹Å"Patenting DNA Sequences (Polynucleotides) and Scope of Protection in the European Union : An Evaluationà ¢Ã¢â€š ¬Ã¢â€ž ¢ (2004) https://ec.europa.eu/internal_market/indprop/docs/invent/patentingdna_en.pdf accessed 4 May 2015 [72] Christopher Holman, à ¢Ã¢â€š ¬Ã‹Å"The Critical Role of Patents in the Development, Commercialization, and Utilization of Innovative Genetic Diagnostic Testsà ¢Ã¢â€š ¬Ã¢â€ž ¢ https://cpip.gmu.edu/wp-content/uploads/2014/04/Holman-Christoher- The-Critical-Role-of-Patents-in-Genetic-Diagnostic-Tests.pdf accessed 4 May 2014 [73] SACGHS, à ¢Ã¢â€š ¬Ã‹Å"Gene Patents and Licensing Practices and their impact on Patient Access to Genetic Testsà ¢Ã¢â€š ¬Ã¢â€ž ¢ https://osp.od.nih.gov/sites/default/files/SACGHS_patents_report_2010.pdf accessed 1 May 2015 [74] David Vaver, à ¢Ã¢â€š ¬Ã‹Å"Sprucing Up Patent Lawà ¢Ã¢â€š ¬Ã¢â€ž ¢ https://papers.ssrn.com/sol3/papers.cfm?abstract_id=1879206 accessed 1 May 2015 [75] ibid [76] Zorina Khan, Kenneth Sokoloff, à ¢Ã¢â€š ¬Ã‹Å"Institutions and Technological Innovation During Early Economic Growth : Evidence from the Great Inventors of the United States, 1790-1930à ¢Ã¢â€š ¬Ã¢â€ž ¢ (2004) American Economic Review 395-401 [77] David Vaver, à ¢Ã¢â€š ¬Ã‹Å"Sprucing Up Patent Lawà ¢Ã¢â€š ¬Ã¢â€ž ¢ https://papers.ssrn.com/sol3/papers.cfm?abstract_id=1879206 accessed 1 May 2015 [78] David Booton, à ¢Ã¢â€š ¬Ã‹Å"Patents for Diagnostic Tools : An Economic Analysisà ¢Ã¢â€š ¬Ã¢â€ž ¢ (2013) 3 IPQ 187-213 [79] John Conley, à ¢Ã¢â€š ¬Ã‹Å"District Court Denies Myriadà ¢Ã¢â€š ¬Ã¢â€ž ¢s Preliminary Injunction Against Ambryà ¢Ã¢â€š ¬Ã¢â€ž ¢ https://www.genomicslawreport.com/index.php/2014/03/18/district-court-denies-myriads-preliminary-injunction-against-ambry accessed 27 April 2015 [80] ibid [81] Naomi Hawkins, à ¢Ã¢â€š ¬Ã‹Å"An exception to infringement for genetic testingà ¢Ã¢â€š ¬Ã¢â€ž ¢ (2012) 43(6) IIC 641-661 [82] Matthew Rimmer, à ¢Ã¢â€š ¬Ã‹Å"Myriad Genetics : Patent Law and Genetic Testingà ¢Ã¢â€š ¬Ã¢â€ž ¢ (2003) 25 EIPR 20-33 [83] ibid [84] Christopher Holman, à ¢Ã¢â€š ¬Ã‹Å"The Critical Role of Patents in the Development, Commercialization, and Utilization of Innovative Genetic Diagnostic Testsà ¢Ã¢â€š ¬Ã¢â€ž ¢ https://cpip.gmu.edu/wp-content/uploads/2014/04/Holman-Christoher-The-Critical-Role-of-Patents-in-Genetic-Diagnostic-Tests.pdf accessed 4 May 2014 [85] ibid [86] ibid [87] Sven Bostyn, à ¢Ã¢â€š ¬Ã‹Å"A test too far? A Critical Analysis of the non-patentability of Diagnostic Methods and Consequences of BRCA1 Gene Type Patents in Europeà ¢Ã¢â€š ¬Ã¢â€ž ¢ (2003) 5(4) BSLR 111 [88] https://osp.od.nih.gov/sites/default/files/SACGHS_patents_report_2010.pdf accessed 1 May 2015 [89] ibid [90] ibid [91] Naomi Hawkins, à ¢Ã¢â€š ¬Ã‹Å"An exception to infringement for genetic testingà ¢Ã¢â€š ¬Ã¢â€ž ¢ (2012) 43(6) IIC 641-661 [92] Sven Bostyn, à ¢Ã¢â€š ¬Ã‹Å"A test too far? A Critical Analysis of the non-patentability of Diagnostic Methods and Consequences of BRCA1 Gene Type Patents in Europeà ¢Ã¢â€š ¬Ã¢â€ž ¢ (2003) 5(4) BSLR 111

Pros and Cons of Installing Closed-Circuit Television...

Installation of surveillance camera systems as a way to deter crimes or criminal acts has gained traction in recent years. In some countries, surveillance camera systems – also known as closed circuit television (CCTV) cameras – have also installed in educational institutions as a security measure to address fears for the safety of the students (Hope, 2004; Corpuz, 2011). The trend, however, did not stop. From halls and corridors, some education institutions have started to install cameras inside the classrooms as a means not just to monitor the teachers, but also to address classroom misbehavior (Shepherd, 2009). This paper seeks to cover the possible positive and negative effects of installing CCTV systems inside the classrooms.†¦show more content†¦Grant (2004) said educators want video cameras in classrooms to address the issue of violence in schools. â€Å"Often teachers who are attacked have no way of proving their claims because pupils who witness the i ncidents fail to back up their stories. Video camera footage could be used to substantiate teachers versions of events as well as to deter pupils from launching the attacks (Grant, 2004).† In the Philippines, the installation of cameras inside the classrooms is seen in a similar light. As cited in Grafil (2011), University of Santo Tomas security chief Joseph Badinas said the cameras can be used to â€Å"track people who are doing something suspicious.† The reason behind the installation of CCTV systems in the classrooms can be attributed to the triadic reciprocality principle of the social cognitive theory (Bandura, 1986). Under this principle, human life is consisted of a perpetual series of interactions among the environment, their individual behavior, and personal cognitive variables like thoughts, beliefs, and perceptions. These three constructs interact and influences each other reciprocally. Applying theShow MoreRelatedStephen P. Robbins Timothy A. Judge (2011) O rganizational Behaviour 15th Edition New Jersey: Prentice Hall393164 Words   |  1573 PagesVoice 526 xviii CONTENTS S A L Self-Assessment Library How Spiritual Am I? 531 Point/Counterpoint Organizations Should Strive to Create a Positive Organizational Culture 534 Questions for Review 535 Experiential Exercise Rate Your Classroom Culture 535 Ethical Dilemma A Bankrupt Culture 536 Case Incident 1 Mergers Don’t Always Lead to Culture Clashes 536 Case Incident 2 Did Toyota’s Culture Cause Its Problems? 537 17 Human Resource Policies and Practices 543 Selection Practices

ALL Essay - 1552 Words

Signs and Symptoms The signs and symptoms of ALL can present chronically or acutely, they are normally found during a routine blood count of an asymptomatic child or during a life-threatening hemorrhage, infection, or episode of respiratory distress. Although ALL is a disease primarily of the bone marrow and peripheral blood, any organ or tissue may be infiltrated by the abnormal cells. The symptoms in children can have a much longer duration due to ALL has varies amounts of onset which may last from days to months. The first symptoms are usually non- specific and include anorexia, irritability and lethargy. Fever is the most common finding, occurring in approximately 60% of patients. Progressive bone marrow failure leads to pallor†¦show more content†¦Patients with ALL generally have a higher than normal white blood count and lower than normal red blood cell and platelet counts. Blood tests are also performed to evaluate liver, kidney, and blood clotting status. The physician will also check the levels of certain minerals and proteins for an accurate diagnosis. The next step will be to perform a bone marrow biopsy, pending the blood test results. If the results are abnormal or the doctor suspects leukemia despite normal cell counts, a bone marrow aspiration and biopsy are the next steps. These are very common and safe procedures. Then, if bone marrow examination confirms ALL, a spinal tap will be the next step, which means a needle will be inserted into the spinal canal and cerebrospi nal fluid with leukemia cells will be collected and will be analyzed for signs that the disease has spread to the central nervous system. In most cases of childhood ALL, leukemia cells are not found in the cerebrospinal fluid. Disease Progression There are two main types of ALL acute and chronic. Acute leukemia develops very quickly, while chronic leukemia tends to develop slowly, usually over a period of months or years without causing many symptoms. In ALL it mainly affects the lymphoid cells, as to in the chronic lymphocytic leukemia (CLL) state, it affects the lymphoid cells. For ALL, staging does not occur in the same way normal cancer cells do because the disease originatesShow MoreRelatedEssay on All That Jazz1115 Words   |  5 Pages(formula) for the successful organization and development of an argumentative essay as well as the framework for a formal outline that you can and should use for each of your essays. Print out the final pages and fill in the info by hand so that you can see how your body paragraphs are organized. Note though, that your essay might have more than four body paragraphs. Please recall that formal outlines must accompany each essay you write, but note that the basic formula TEMPLATE provided does not haveRead More All My Sons Essay1222 Words   |  5 PagesLife is full of many hard decisions that people have to take, often on the spur of the moment. Some we get right others turn horribly wrong. Joe Keller, the tragic hero of Arthur Millers play All My Sons, was no different. His whole life was dedicated to his family and their well being but all his plans were undone by one fatally flawed decision. The audience can relate to Joe and feel sympathy for him because he was a good man who did many great things for his family and in the end paid theRead MoreLove Conquers All Essay490 Words   |  2 PagesLove Conquers All When love is strong between two people it can outweigh the problems of a marriage, if the couple can work together in solving the problems. In the story The Gilded Six-Bits written by Zora Neale Hurston, you meet a couple very much in love, Joe and Missie May Banks. In the story Shiloh written by Bobbie Ann Mason, meet a couple who is not so sure of what they want, Leroy and Norma Jean Moffitt. In these marriages there are a few similarities and a fewRead MoreAll My Sons Critical Essay590 Words   |  3 PagesAll my Sons - Critical Essay All my sons written by Arthur Miller is a dramatic play which shows actions and consequences and morality and studies the theme of idealism verses realism, social responsibility and the American dream. This play takes place after World War II, in the year 1947. The play shows conflict between a Father and a son and how quickly a family can fall apart following a serious revelation. Arthur Miller uses techniques such as characterization, stage directions and a delayedRead MoreEssay on Conflict in All My Sons1102 Words   |  5 PagesConflict in All My Sons The conflict in the play â€Å"All My Sons† in embodied by two different sets of values. The older generation represented by Joe and Kate strongly believed in family values and Pursue of the American dream at any cost. 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Like several politicians in modern society, several characters have qualities that seem unsuitable to the impression that have made. These ironies in All the King’s Men reveal how the characters have flaws, which can result in critical consequences. Jack Burden, Adam Stanton, Judge Irwin and Willie Stark are characters that w ith ironic traits. Jack Burden is known as the â€Å"student of history†Read MoreAll the Kings Men - 2 Essay1681 Words   |  7 PagesThe Great Spider Web In the book, â€Å"All The King’s Men† by Robert Penn Warren, the character of Jack Burden gradually evolves into a person with a deeper comprehension of the world around him. Jack grapples with many new concepts, including the concept of whether or not knowledge is power. Jack’s profession involves digging into the past to discover information about others, which often, he will later use to blackmail them. So naturally Jack believes knowledge holds great power. However, as theRead More Film Critique of All the Presidents Men Essay1497 Words   |  6 Pages I.nbsp;nbsp;nbsp;nbsp;nbsp;Summary Opening in theaters around the United States in April of 1976, All the President’s Men paints quite an accurate account of American journalism yet at the same time is a suspenseful adventure that manages to entertain and inform its viewers. Vincent Canby, a reviewer for the New York Times called the movie, â€Å"an unequivocal smash-hit—the thinking man’s Jaws.† Because the film is written from the perspective of Bob Woodward and Carl Bernstein, the movie worksRead More All My Sons : The Influence of Larry Essay789 Words   |  4 PagesAll My Sons : The Influence of Larry In the book All My Sons, Larry has a big influence on the play. He is part of many of the problems shown in the book. Larry was Joe Keller’s older son and was reported missing three years before the time when the play is set. One of the first things mentioned is that Larry’s tree had been broken down by a gust of wind. You find out that the tree, being Larry’s tree really meant something to the family as Frank says â€Å"What’d Kate say?† this shows that

What Was Done By The Faculty Member And / Or Students

1) Describe what happened in this class session. What was done by the faculty member and/or the students? Ms. Connelly started class asking students that needed help with their homework to get it out. Some students opened their homework, but some did not. Ms. Connelly then began writing out and solving homework problems with an overhead projector. One student walked into class late, Ms. Connelly addressed it quickly with little disruption to the class. The student looked around the room and realized the other students had their homework out and he did the same. Ms. Connelly continued to work out homework problems step by step on the overhead projector. While doing this Ms. Connelly asked questions about the steps she used to solve the math equation and randomly called on students for the answers. After working out a few of the math problems Ms. Connelly asked the class if they understood how she solved the equations. A few students nodded their heads and then Ms. Connelly moved on solving the next equation. Ms. Connelly referenced a quiz that was coming up tomorrow in the students math classes and stated the homework problems will be on the quiz. The teacher then continued working out math problems and using question prompts to keep students engaged. While waiting for one student to answer another student called out the answer. Ms. Connelly addressed it and let the student know that she was waiting for the other student to answer the question. One student laid herShow MoreRelatedDiversity Reflection976 Words   |  4 Pages1) The major question I feel like I didn’t answer well was my knowledge of culture and diversity. 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As a new principle of Norden Township Junior-Senior HS; Dr. Jack Prince was facing a burden of problems; one of the bitterest was that his predecessor stepped down after a vote of no confidence. It clearly indicates that there is a group of people who do not want that the matters of the school run smoothly by the principle. ExampleRead MoreSchool Consolidation And The Politics Of School Closure Across Communities1541 Words   |  7 Pagesthe information to anyone. However, he was under the impression that, the faculty, deserved an immediate explanation of the situation. Furthermore, he believed that notifying them was, not only imperative, but ethical. Also, Mr. Jones was puzzled by the circumstances surrounding the school closure and the decision to informed him only twenty-four hours before the school board’s meeting. Despite the instructions given to him, Mr. Jones meet with the faculty and explained the difficult situation. 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The Power to Declare War Essay - 1246 Words

The Power to Declare War Ritwik Ravin Poltical Science Mrs. Mooney December 13, 2010 Ricky Ravin, Mrs. Mooney The Power to Declare War Congress and the president use their powers to check and balance each other. One power of Congress is the ability to declare war. However, Congress generally gives the president control during war time. Because of this, the president is able to acquire more power over the war while Congress can do little if they have already given their approval. After the Vietnam War, in which Presidents Johnson and Nixon continued to wage despite a divided Congress[i]; they decided that the Constitution did not warrant the president to have the power to declare war, so they passed the War†¦show more content†¦Prior to the War Powers Act, President Harry Truman, rather than seek Congressional declaration, used his constitutional power as commander in chief to commit troops to the Korean War. Congress had no say in whether this war would be fought. Along with this, the 1964 Gulf of Tonkin Resolution gave Presidents Lyndon Jo hnson and Richard Nixon the power to â€Å"take all necessary measures †¦ to prevent further aggression[iv].† This gave the presidents complete control over the war despite the Congresses eventual division, who could do nothing about it. These incidents caused Congress to decide that the Framers did not intend for the president to have this kind of war making power, so they passed the War Powers Act on November 7th, 1973, right after the Vietnam War. The War Powers Act was explicitly meant to limit presidential powers during war time, but it has failed to do so. The ninety day limit has never been followed and while 99 reports have been submitted to Congress because of the Resolution, the reports are simply to inform, rather than consult with Congress, after a planned action is already under way. During the presidential reign of Gerald Ford, the United States was involved with six military crises: the rescue of U.S. citizens and refugees in Vietnam after the war, the res cue of the Mayaguez, and two evacuation operations in Lebanon. The War Powers Act was not applied in any of these situations, and it’s relevancy in militaryShow MoreRelatedThe Power Of Declare War : Does It Mean Anything Anymore?1736 Words   |  7 PagesThe Power to Declare War: Does it Mean Anything Anymore? Throughout the history of the United States, the President has bypassed the Congress and engaged in warring actions. All cited Emergency Action as the qualifying reason. Some, after the fact asked congress for a declaration of war, others have not. Regardless, the Chief Executives seemed to have found that a formal declaration is not required whenever it would benefit them. 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Despite the powers granted for Congress and the president in the Constitution, we don’t know to what extent the president has the power to send troops and declare war without Congress’s approvalRead MoreThe War Powers Resolution Of 1973986 Words   |  4 PagesWho has the power to go to war? Most people would say the President while others would say Congress. The War Powers Resolution of 1973 may shine some light on who or whom can declare war. The War Powers Resolution of 1973 also know simple as the War Powers Act states the President must notify Congress within a 48 hour time frame that he is sending troops into military combat. The act does not allow military solders from remaining in a state of conflict for more than 60 days. 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Ultimately, the U.S. congress is the strongest branch of government because of its vast amount of enumerated powers including the elastic clause, which allows congress to passRead MoreThe Division Of War Powers1418 Words   |  6 Pagesof War Powers There is a long standing debate in American politics over whether or not the President has unilateral war powers. Article II, Section 2, Clause 1 of the United States Constitution states that the President will be Commander in Chief of the navy and army and thus has the power to organize and lead military operations. However, the power to declare war officially lies in the hands of Congress based on Article I, Section 8, Clause 11 of the Constitution. This division of war power between

The United States An Advanced Market - 1406 Words

An advanced market is beginning to emerge from a strong drive for cleaner and greener technology, especially in dealing with energy production. Green technology is in the infant stages with several countries competing to create new technology in a competitive, cost effective way. Currently, the United States trails far behind other industrialized countries in the production and implementation of better suited, environmentally friendly technology. If this continues to be a trend, the U.S can lose their comparative advantage in technology to countries who would have access to enhanced and innovative technology to produce at a much cheaper cost. When one country is able to be more efficient in producing one good or service compared to a different country, a comparative advantage has occurred. This usually takes place when a country is able to focus and specialize in a product or service so they will have a stronger dominance in what they do. The United States have exceeded in creativity and innovation, which accounts for the advantage in technology (Macroeconomics, 24-38). The U.S. also has a trade surplus in services and is the forerunner in the worlds’ service exports (Global Trade in Services, 84). The United States technological innovations are evident with computers, military equipment, aerospace, and medical technology. Exports of technology included in capital good and consumer exports total around 64%, with imports of similar goods at 62.4% (World Factbook, CIA).Show MoreRelatedEssay about Advanced Biomedical Devices Case Study955 Words   |  4 PagesAdvanced Biomedical Devices Case Study Global market opportunities will help a firm gain more opportunities, establish factories, enter a collaboration with a foreign partners that will help the firm overall with its goals, and help improve performance. For the case with Advanced Biomedical Devices, ABD, the question was whether the company was ready or not to internationalize it’s company and start exporting its products to foreign locations. Already being successful in the United States, ABD’sRead MoreNew Technology : A Better Or Better Than Better Efficient Friendly Technology? Essay928 Words   |  4 Pagesmore relevant- or urgent- than with energy† – Barack Obama. (Seattle Times, Van Jones). An advanced market is beginning to emerge from a strong drive for cleaner and greener technology, especially in dealing with energy production. Green technology is currently in the infant stages with several countries competing to create new technology in a competitive, cost effective way. 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Romeo and Juliet is a charcteristic of Shakespeare Essay Example For Students

Romeo and Juliet is a charcteristic of Shakespeare Essay Romeo and Juliet (RJ) is very characteristic of a Shakespearean play because of its recurring themes, language and diction, and story of a tragedy. Much like Hamlet and The Tempest, Shakespeare incorporates themes such as family rivalries, father and daughter relationships, revenge, and obedience vs. disobedience. One theme that tips RJ off to be a Shakespearean play is the rivalry between and inside families. In RJ, a rivalry exists between the two major families of Capulet and Montague. In addition, there is a hatred children have toward parents. Juliet rebelling against her father can be compared to Hermia rebelling against Egeus in A Midsummer Nights Dream. In this example, Romeo is Lysander, the one whom the girl truly loves, while Paris is Demetrius, the one whom the parents want her to marry. Much like Hermia and Lysander, Romeo and Juliet try to run away and elope without their parents knowing. Another obvious theme, which is tied into the previous example, is love. Just as Juliet loves Romeo, other relationships include Hermia and Lysander, Miranda and Ferdinand (The Tempest), and Ophelia and Hamlet (Hamlet). Another recurrent theme is the creation of a fantasy world. In R;J, the costume party is much like a fantasy world with the decorative house, fireworks in the sky, and uncontrollable partying of the colorful guests. Another Shakespearean imaginary world is in A Midsummer Nights Dream where the forest is a place in which the fairies roam and rule. One more theme apparent in Shakespearean plays including RJ is that of revenge. In a mad rage, Romeo kills Tybalt because he kills his best friend, Mercutio.The whole plot of The Tempest deals with Prospero devising a complicated plan just to gain revengeon his brother, Alonso, and his party. In Hamlet, Hamlets whole purpose in the play is avenging his fathers murder, and the story centers on the way he goes about it. The very language and diction of RJ easily shows how the play is Shakespeares. The usage of metaphors, similes, and archaic language are marks of a Shakespearean play. Another factor is how the characters are one-sided at times. Romeo is mainly an emotional person drawing a parallel to Miranda also being only emotional. The fact that R;J is a tragedy is characteristic of Shakespeare. Other tragedies that Shakespeare wrote toward the end of his career include Hamlet and The Tempest. R;J can easily be spotted as a play by William Shakespeare by anyone who has a basic knowledge of his plays. The primary reason is because Shakespeare tends to recycle his themes in each play he makes. Another reason is the poetic yet archaic language he uses in all his works. Despite the more up-dated movie version of R;J, it still can be seen as Shakespeares just on the basis of themes alone.