The immoral gene: Does it really exist?

Over the last years several European patents were opposed for protecting technology violating the morality requirement under Article 53(a) EPC. Attempts have been made by the Appeal Boards of the European Patent Office (EPO), as well as by amendments introduced into the Implementing Regulations of the European Patent Convention (EPC), to address this sensitive patentability requirement more precisely. The most recent hot topic coming up in this context is the patentability of stem cells. It is to be expected that this discussion will still go on in the field of biotechnological inventions for the next several years. An earlier version of this paper was presented at an international conference, “The Ethics of Intellectual Property Rights and Patents,” held in Warsaw, Poland on 23–24 April, 2004.     

Nanopatents and their impact on the medical environment

The nano-medical field is seen, by governments as well as the business sector as a very promising one. The process of converting basic research in nanomedecine into commercially viable products has already begun, even if it might be long and difficult. Part of the difficulties that could occur comes from regulatory and safety issues. Some of them are also coming from patent uncertainty in the global nanotechnology field. Indeed, the rush towards patents in the nanotechnology arena has already begun. Nanopatents are about to alter the legal landscape of the innovation economy, of research and development, and of industry--no doubt to an unprecedented extent because of the scope covered by these technologies. From a global point of view, the very delineation of the scope of nanotechnologies confronts patent law with complex problems of definition. The emergence and characteristics of this technology are also giving rise to a reassessment of the criteria for patentability that could be prejudicial to innovation. In the medical environment, this issue is even exacerbated in the real challenges which pharmaceutical companies are running up against.     

Intellectual property and biotechnology: the European debate

The European patent system allows for the introduction of moral issues into decisions about the granting of patents. This feature has greatly impacted European debates about the patenting of biotechnology. This essay explores the European experience, in both the European Union and the European Patent Organization. It argues that there has been great confusion surrounding these issues primarily because the Europeans have not developed a general theory about when exclusion from patentability is the best social mechanism for dealing with morally offensive technologies.     

An analysis of moral issues affecting patenting inventions in the life sciences: A European perspective

Following the 1980 US Supreme Court decision to allow a patent on a living organism, debate has continued on the moral issues involved in biotechnology patents of many kinds and remains a contentious issue for those opposed to the use of biotechnology in industry and agriculture. Attitudes to patenting in the life sciences, including those of the research scientists themselves, are analysed. The relevance of morality to patent law is discussed here in an international context with particular reference to the law of the European Patent Convention administered by the European Patent Office (EPO). The EPO has been the principal forum for opposition to such patents and the few cases under dispute in the EPO are reviewed, including patents for the onco-mouse, human relaxin gene, and the PGS herbicidally resistant plant (gmo). Morality provisions in the European Parliament and Council Directive 98/44/EC are also summarised.     

Ethics and patentability in biotechnology

The systems of patent rights in force in Europe today, both at the level of national law and on the regional level, contain general clauses prohibiting the patenting of inventions whose publication and exploitation would be contrary to “ordre public” or morality. Recent years have brought frequent discussion about limiting the possibility of patent protection for biotechnological inventions for ethical reasons. This is undoubtedly a result of the dynamic development in this field in the last several years. Human genome sequencing, the first successful cloning of mammals, and the progress in human stem cell research present humanity with many new questions of an ethical nature. Directive 98/44 of the European Parliament and of the Council of July 6, 1998, on the Legal Protection of Biotechnological Inventions created a new basis for patent protection in this field of technology. Based on the European experience to now, however, it must be said that patent law is not the right place to legislate the consequences of the morality of an invention. An earlier version of this paper was presented at an international conference, “The Ethics of Intellectual Property Rights and Patents,” held in Warsaw, Poland on 23–24 April, 2004.     

Taking the U.S. Patent Office Criteria Seriously: A Quantitative Three-Criterion Creativity Definition and Its Implications

Although creativity has recently attracted considerable theoretical and empirical research, researchers have yet to reach a consensus on how best to define the phenomenon. To help establish a consensus, a definition is proposed that is based on the three criteria used by the United States Patent Office to evaluate applications for patent protection. The modified version uses the criteria of novelty, utility, and surprise. Moreover, creativity assessments based on these three criteria are quantitative and multiplicative rather than qualitative or additive. This three-criterion definition then leads to four implications regarding (a) the limitations to domain-specific expertise, (b) the varieties of comparable creativities, (c) the contrast between subjective and objective evaluations, and (d) the place of blind variation and selective retention in the creative process. These implications prove that adding the third criterion has critical consequences for understanding the phenomenon. Creativity is not only treated with superior sophistication, but also paradoxes that appear using the most common two-criterion definition readily disappear when the third criterion is included in the analysis. Hence, the conceptual differences between two- and three-criterion definitions are not trivial.     

Ethico-legal issues in biomedicine patenting: A patent professional viewpoint

Over the last two decades, the ethical implications of patents for biological materials and processes have been the subject of spirited public debate between the many individuals and groups on which the patent system impacts. Whereas copyright, trade marks, and other species of Intellectual Property Rights (IPR) are widely acceptable, the patent system evokes criticism from many quarters, especially in relation to the legal protection of inventions in the Life Sciences. Some of these criticisms expressed by prestigious public organisations are addressed here from the patent professional standpoint.     

Assistive technology patenting trends and the Americans with Disabilities Act

This article examines the ways in which the growing economic market for assistive technology (AT) may be analyzed in the context of effective implementation of the Americans with Disabilities Act (ADA). It summarizes the results of an ongoing study of patent data from the United States Patent and Trademark Office (PTO). The purpose of the study is to examine how the ADA is fostering innovation and economic opportunity for AT developers, manufacturers, and retailers. The findings suggest that evaluations of the ADA based on its perceived costs to society need to be balanced by the range of societal benefits accruing from the law, including those unanticipated economic benefits found in the present study.     

Interest in Complex Novelty

Complex novelty like new technologies can be exciting in terms of promising possibilities, but people might also feel that they do not exactly grasp its meaning or purpose. We argue that to become interested in complex novelty, it is key that people have a sense that they can cope with it. In three experiments we showed that people who have relatively high coping potential are more interested in complex novelty than people who have relatively low coping potential. Specifically, interest in complex novel products and inventions increased after increasing product-specific understanding (Experiments 1 and 2) and after inducing a more general state in which people can tolerate complex novelty (Experiment 3). Theoretical and practical implications are discussed.     

Open source software and software patents: A constitutional perspective

Imagine if each square of pavement on the sidewalk had an owner, and pedestrians required a license to step on it. Imagine the negotiations necessary to walk an entire block under this system. That is what writing a program will be like if software patents continue. The sparks of creativity and individualism that have driven the computer revolution will be snuffed out. Imagine if each square of pavement on the sidewalk had an owner, and pedestrians required a license to step on it. Imagine the negotiations necessary to walk an entire block under this system. That is what writing a program will be like if software patents continue. The sparks of creativity and individualism that have driven the computer revolution will be snuffed out.—Richard Stallman and Simson Garfinkel (1992) This article highlights the vulnerability of the open source software movement to patent infringement lawsuits. With the number of patents on software algorithms predicted to exceed 100,000 this year, it is now virtually impossible to write any computer program, however trivial, that does not violate one or more patents. This paper argues that this situation is not only ludicrous, but it is contrary to any reasonable reading of the Constitution’s intentions with respect to the protection of intellectual property. In addition, the patentability of software algorithms stems from the U.S. Supreme Court’s failure to grasp one of the most fundamental concepts of computer science. From this error stems a long, dysfunctional chain of legal reasoning and patent policies, the effect of which has been to transform the mental reasoning processes, abstract knowledge, and scientific truths of computing into patentable subject matter. The result poses a potentially catastrophic threat not only to the open source software movement and the emerging industry of electronic commerce, but more fundamentally, to the very existence of the sciences of computing, without which further U.S. technological leadership will be impossible to sustain. An anthropologist, Dr. Pfaffenberger has authored dozens of how-to and reference books on computers and the Internet. He won the Albert Payson Usher Prize from the Society for the History of Technology and the Best Book of the Year Award from the American Society for Information Science.     

Innovation relies on the obscure: a key to overcoming the classic problem of functional fixedness

A recent analysis of real-world problems that led to historic inventions and insight problems that are used in psychology experiments suggests that during innovative problem solving, individuals discover at least one infrequently noticed or new (i.e., obscure) feature of the problem that can be used to reach a solution. This observation suggests that research uncovering aspects of the human semantic, perceptual, and motor systems that inhibit the noticing of obscure features would enable researchers to identify effective techniques to overcome those obstacles. As a critical step in this research program, this study showed that the generic-parts technique can help people unearth the types of obscure features that can be used to overcome functional fixedness, which is a classic inhibitor to problem solving. Subjects trained on this technique solved on average 67% more problems than a control group did. By devising techniques that facilitate the noticing of obscure features in order to overcome impediments to problem solving (e.g., design fixation), researchers can systematically create a tool kit of innovation-enhancing techniques.     

Person Skilled in the Art in Synthetic Biology from Iraqi and Malaysian Perspectives

This article presents the problem of a person skilled in the field of synthetic biology. The person skilled in the art is one of the notions which have to be revisited due to the multidisciplinary nature of synthetic biology which involves numerous fields. The article studies this problem from the perspectives of Iraqi and Malaysian patent laws. First, it conceptualizes synthetic biology and person skilled in the art. The Iraqi and Malaysian attitudes regarding person skilled in the art are then addressed. Afterwards, the paper points out the multidisciplinary nature of synthetic biology. In its last part, it discusses the person skilled in synthetic biology and how patent offices and courts deal with this point. Finally, the authors submit that the use of a team of skilled persons to substitute for a single technician would render the obviousness test a subjective assessment dependent on the inventor. The level of non-obviousness would differ in similar cases simply because of the number of inventors. Consequently, the suggestion of having a hypothetical team instead of one person is irrelevant because skills that are attributed to the skilled notional person are not real skills. Thus, replacing him is easy, but the replacement would be fruitless because the skills attributed to a person or a team will be similar.     

Patents and ethics: Is it possible to be balanced?

In this presentation, principles of ethics are confronted with the desire of the inventor to make a profit. To this end the presentation is focused on patent protection. Patents should guarantee the return of an inventor’s investment and profit and, on the other side, ensure availability — by patent disclosure — of the invention for the society when the patent terminates. Recent patent applications made by inventors are infringing this principle and societies are paying an unexpected price for these practices. Patent claims are too broad and disclosures too poor. Extreme examples will be discussed. An earlier version of this paper was presented at an international conference, “The Ethics of Intellectual Property Rights and Patents,” held in Warsaw, Poland on 23–24 April, 2004.     

Of Materiality and Meaning: The Illegality Condition in Street Art

Street art is an art form that entails creating public works incorporating the street physically and in their meaning. That physical property is employed as an artistic resource in street art raises two questions. Are street artworks necessarily illegal? Does being illegal change the nature of production and aesthetic appreciation? First, I argue street artworks must be in the street. On my view, both the physical and sociocultural senses of the street can be constitutive of meaning. Second, I argue that illegality is a prototypical and paradigmatic feature of street art. While illegality alone does not make works better than sanctioned street art, it affects the production process and changes what is available to appreciate.     

Are the sources of interest the same for everyone? Using multilevel mixture models to explore individual differences in appraisal structures

How does personality influence the relationship between appraisals and emotions? Recent research suggests individual differences in appraisal structures: people may differ in an emotion's appraisal pattern. We explored individual differences in interest's appraisal structure, assessed as the within-person covariance of appraisals with interest. People viewed images of abstract visual art and provided ratings of interest and of interest's appraisals (novelty–complexity and coping potential) for each picture. A multilevel mixture model found two between-person classes that reflected distinct within-person appraisal styles. For people in the larger class (68%), the novelty–complexity appraisal had a stronger effect on interest; for people in the smaller class (32%), the coping potential appraisal had a stronger effect. People in the larger class were significantly higher in appetitive traits related to novelty seeking (e.g., sensation seeking, openness to experience, and trait curiosity), suggesting that the appraisal classes have substantive meaning. We conclude by discussing the value of within-person mixture models for the study of personality and appraisal.     

A typical interaction behaviour between fathers and toddlers: Teasing

The purpose of this article is threefold. First, it presents teasing behaviours towards the infant through the notion of ‘expectancy violation’, and defines what parental teasing may consist of. Secondly, the paper summarizes empirical data which show that teasing concerns more paternal than maternal behaviours. Thirdly, we speculate about a positive impact of this kind of typical paternal behaviour on cognitive and social development, as it introduces novelty and ambiguity, which must be processed, as well as negotiation of a struggle.     

Prototypes are Key Heuristic Information in Insight Problem Solving

Evidence from a range of fields indicates that inventions are often inspired by drawing a parallel to solutions found in nature. However, the cognitive mechanism of this process is not well understood. The cognitive mechanism of heuristic prototype in scientific innovation was tested with 3 experiments. First, 84 historical accounts of important scientific innovations were collected and the prototype solution underlying them was extracted. Experiment 1 tested the validity of these materials and showed that knowledge of the prototype facilitated insight solutions. Experiment 2 and 3 suggested that activation of the prototype was indeed the critical element in the process of insight. Also, the mechanism of this activation was linked to the semantic similarity between the feature function of the prototype and the required function of the problem. In addition, Experiment 3 showed that participants who were better at excluding interference information more readily activated the relevant prototype. To sum up, the experiments suggested that activating a memory of the heuristic prototype was important in solving scientific innovation insight problems. Activating the feature function of right heuristic prototype and linking it by way of semantic similarity to the required function of the problem was the key mechanism people used to solve scientific insight problem.     

The Effects of Teaching Students How to Invent

Teachers encourage students to develop inventions, organizations sponsor invention contests, and publishers sell guidebooks on inventing. Only a few studies have examined the relationship between these materials or opportunities to invent and students' inventiveness. The purpose of this experimental study was to provide an instructional unit on the invention process and to investigate the degree to which training influenced students' inventiveness. Students in the experimental group received eight lessons that were designed to provide training in the invention process and encourage the development of inventions, and students in the control group received one introductory lesson and opportunity to develop inventions. Using the Invention Evaluation Scale, experts assessed three aspects of students' inventions: originality, technical goodness, and aesthetic appeal. Regression analyses indicated that group membership was a significant predictor of the quantity of inventions, but not a significant predictor of the quality of students' inventions.     

Is Nanotechnology Giving Rise to New Ethical Problems?

In this paper I focus on the question of whether nanotechnology is giving rise to new ethical problems rather than merely to new instances of old ethical problems. Firstly, I demonstrate how important it is to make a general distinction between new ethical problems and new instances of old problems. Secondly, I propose one possible way of interpreting the distinction and offer a definition of a “new ethical problem”. Thirdly, I examine whether there is good reason to claim that nanotechnology is giving or will give rise to new ethical problems. My conclusion is that there are no new ethical problems in nanotechnology but merely new occurrences of certain well-known types of ethical problems. Fourthly, I consider three arguments by van de Poel (NanoEthics 2:25–28, 2008) which contradict my conclusion. I argue that my negative conclusion is consistent with the claim that certain ethical issues arising in nanotechnology may require new normative standards or new analytical tools. I conclude that it is likely that a number of ethical issues arising in nanotechnology will have a considerable impact on our ethical theories and values – and that ethical reflection on nanotechnology will be one of the mother lodes of future ethical research – in spite of the fact that no ethical problem in nanoethics will actually be “new”.