Patent first, ask questions later: morality and biotechnology in patent law

This Article explores the U.S. "patent first, ask questions later" approach to determining what subject matter should receive patent protection. Under this approach, the U.S. Patent and Trademark Office (USPTO or the Agency) issues patents on "anything under the sun made by man," and to the extent a patent's subject matter is sufficiently controversial, Congress acts retrospectively in assessing whether patents should issue on such interventions. This practice has important ramifications for morally controversial biotechnology patents specifically, and for American society generally. For many years a judicially created "moral utility" doctrine served as a type of gatekeeper of patent subject matter eligibility. The doctrine allowed both the USTPO and courts to deny patents on morally controversial subject matter under the fiction that such inventions were not "useful." The gate, however, is currently untended. A combination of the demise of the moral utility doctrine, along with expansive judicial interpretations of the scope of patent-eligible subject matter, has resulted in virtually no basis on which the USTPO or courts can deny patent protection to morally controversial, but otherwise patentable, subject matter. This is so despite position statements by the Agency to the contrary. Biotechnology is an area in which many morally controversial inventions are generated. Congress has been in react-mode following the issuance of a stream of morally controversial biotech patents, including patents on transgenic animals, surgical methods, and methods of cloning humans. With no statutory limits on patent eligibility, and with myriad concerns complicating congressional action following a patent's issuance, it is not Congress, the representative of the people, determining patent eligibility. Instead, it is patent applicants, scientific inventors, who are deciding matters of high public policy through the contents of the applications they file with the USTPO. This Article explores how the United States has come to be in this position, exposes latent problems with the "patent first" approach, and considers the benefits and disadvantages of the "ask questions first, patents later" approaches employed by some other countries. The Article concludes that granting patents on morally controversial biotech subject matter and then asking whether such inventions should be patentable is bad policy for the United States and its patent system, and posits workable, proactive ways for Congress to successfully guard the patent-eligibility gate.     

"The red zone": temporal risk for unwanted sex among college students

The "red zone" usually refers to the first few weeks of the first semester at college, when female students are believed to be at greatest risk for experiencing unwanted sex. We tested this notion using data from a survey study of 207 first-and second-year students (121 women, 84 men) at a small, liberal arts university. Results demonstrated only one significant elevation in incidence rates of first- and second-year women's unwanted sexual experiences (sexual touching, attempted and completed anal, oral, and vaginal sex), between the end of the first month and fall break (mid-October) during the second year at school. Previous research and local information about the relevant behaviors of sorority and fraternity members is discussed in light of these findings to provide heuristic material for further empirical testing. Because risk may involve both temporal and situational factors, systematic collection and dissemination of local data are recommended.     

Locus of control and the use of contraception among unmarried black adolescent fathers and their controls: A preliminary report

This article presents preliminary data that examines the relationship between external locus of control and contraceptive use in a limited population of unmarried black adolescent fathers and their controls. Results reveal that black adolescent fathers are more likely to have an external locus of control, to not be church goers, and to not believe in the use of birth control. Policy implications of this research indicate that unmarried black adolescent fathers should be given birth control counseling; if other forms of counseling are warranted, attention should be paid to issues of locus of control.     

Welfare and Work: Job-Retention Outcomes of Federal Welfare-to-Work Employees

On March 8, 1997, President Clinton announced the federal government's Welfare-to-Work Initiative, a major effort to provide job opportunities for welfare recipients in federal agencies. Using data from the U.S. Office of Personnel Management's Central Personnel Data File, the authors compare differences in job-retention outcomes for Welfare-to-Work employees and similar non–Welfare-to-Work employees in federal agencies. This approach provides an innovative way to measure job-retention by comparing job-retention outcomes of Welfare-to-Work employees against non–Welfare-to-Work employees. The findings suggest that Welfare-to-Work employees have greater odds of retaining their jobs than non–Welfare-to-Work employees. The results provide useful insights into the dynamics of job retention among welfare recipients who are hired into federal-sector employment.