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Hermerén, Göran
2000.
Encyclopedia of Ethical, Legal and Policy Issues in Biotechnology.
Published online by Cambridge University Press: 01 October 1998
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).