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Disease Gene Patenting: The Clinician's Dilemma

Published online by Cambridge University Press:  01 October 1998

DAVID MAGNUS
DAVID MAGNUS
Affiliation:
University of Pennsylvania's Center for Bioethics
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Abstract

One strategy for defenders of gene patenting is to adopt a constructivist interpretation of genetic testing to avoid the “product of nature doctrine.” I argue that accepting this view (which seems to be the approach of the U.S. Office of Patents and Trademarks) results in an intolerable dilemma for physicians. They must either infringe patents or fail to act on all the medically relevant information they possess (malpractice).

Type
BREAKING BIOETHICS
Information
Cambridge Quarterly of Healthcare Ethics , Volume 7 , Issue 4 , October 1998 , pp. 433 - 435
Copyright
© 1998 Cambridge University Press

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