From IP Watchdog:
Standing in opposition to the proposed Section 101 legislation in the first panel was Charles Duan of the R Street Institute. His testimony spoke to a pullback in genetic research at laboratories because of the specter of patents that, in his experience as a patent lawyer, could “bully and suppress true innovators.” Duan was appreciative of Senator Coons’ comments that human genes wouldn’t be patentable, but he also said that the current language of the legislative proposal could allow that to happen. Coons asked Duan whether a robust research use exception would address some of his patent concerns. Duan said that would help and added that the subcommittee should look at codifying obviousness-type double patenting judicial doctrine that would be abrogated by the legislative proposal. He also advocated for an exploration of the former League of Nations’ efforts on creating a right to “scientific property” espoused in a recent Slate article by Duan, which would create a right to license and not a right to exclude.