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39 New Eng. L. Rev. 501 (2004-2005)
Stem Cells, Cloning and Patents: What's Morality Got to Do with It

handle is hein.journals/newlr39 and id is 511 raw text is: STEM CELLS, CLONING AND PATENTS: WHAT'S MORALITY GOT TO Do WITH IT? MARGO A. BAGLEY* I am delighted to be with you this afternoon to wrap up this panel on Patent and IP Issues Surrounding Stem Cell Research and Human Cloning. Some of the things I am going to talk about have been mentioned by the other patent attorneys, but I am going to be talking about them with a little twist. For example, this Symposium asks: Where Do We Draw the Line? However, the question I ask, and that Dr. Jennifer McCallum1 asked as well, is: Who should draw the line? This is a fundamental question in the patent arena. While Dr. McCallum and I disagree on the answer, I think we both have perspectives that are relevant in discussing both of these questions. My remarks today are drawn largely from concepts presented in my recent article, Patent First, Ask Questions Later: Morality and Biotechnology in Patent Law.2 I am going to talk about the structure of our current patent system (relative to other regimes) in regard to morally controversial biotech patents. I will also address why the issuance of such patents matters and how we came to have such patents. Lastly, I am going to talk about the efforts Congress has made, and further steps Congress should take, to address the issues such patents raise. Margo A. Bagley is an Associate Professor of Law at Emory University School of Law. After receiving a B.S. degree in chemical engineering in 1986 from the University of Wisconsin-Madison, she pursued a successful career in products research and development with Procter & Gamble Company. She received her J.D. in 1996 from Emory University and practiced patent law with the firms of Smith, Gambrell & Russell, LLP and Finnegan, Henderson, Farabow, Garrett & Dunner, LLP before joining the Emory faculty in 1999. Professor Bagley is registered to practice before the United States Patent & Trademark Office. 1. See Jennifer McCallum, The Reality of Restricting Patent Rights on Morally Controversial Subject Matter, 39 NEw ENG. L. REv. 517 (2005). 2. Margo A. Bagley, Patent First, Ask Questions Later: Morality and Biotechnology in Patent Law, 45 WM. & MARY L. REv. 469 (2003) (including an in-depth discussion and analysis of the topics highlighted in this speech).

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