Paper Topic:

Policy making process

The focus of present is implication of patentability of human cloning operations (stem cells ) on national policy making in the number of sensitive provinces . First , patentability of such operations in general implicates the ability of patentholder to restrict access of the other interested parties to the developed dexterity and methods as well as actual disclosures in the realm of science . Practical outcomes of such realization of the right granted to the patentholder might play against the `common good ' of society in that production and pricing of such valuable medical novelties might be

monopolized . Second , though the government may to certain degree alleviate the burden of monopoli /oligopolization laid on dynamically growing and important sector by varying patent terms and indirect prince control , potentially even greater perils may arise of reproductive cloning of human beings protected by patent law

That judicial definition of the patentable subject might give green light to the prospects before mentioned in this regard lays a great responsibility on the Supreme Court and in fact invokes his policy making capacity . It is natural that public debates on the issue such aroused the minds of the public and members of Congress envolve a number of interested parties which for certain understandable reasons appeal to the issue and sell their vision for whatever currency they desire , be it votes (President , popularity (religious and ecology movements ) or loyalty and cooperation in the other policy field (members of congress ministry , etc

The protagonists of discussion mainly differ in

whether commercial exploitation of human cloning in general would be contrary to public or morality

whether discovery discovery of natural matters using a new technique can be considered an invention for the purpose of 1952 Patent Act

whether commodification of human life and human tissue or body parts should be done (Bostyn , 2003

whether patents should not be granted because of importance of stem cell research for society

Below I will fragmentally elucidate the positions of the parties

In genaral , the patentability of human cloning as well as the products of human cloning in the US is foggy and there are no statutory or judicial restrictions against issuing patents claiming human clones . As to the first focal point of discussion opponents of the patentability held that "the grant of a limited , but exclusive property right in a human being is prohibited by the Constitution

Cloning of human beings is thus considered not patentable . In view of the fact that it is necessary to refuse the grant of a patent because the application of the invention is contrary to public or morality , the process of cloning human beings would most probably already have been non-patentable on that ground . But the opponents of the idea went further and re-inforce immorality and contradiction with public by inclusion of an express exclusion of this type of activity from those amounted to inventions . In general , they hold that patentability of stem cell techniques and discoveries will mean patentability of reproductive cloning of human beings...

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