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Pathogen Patent Protocol HA-23-10-09

 

By Tony J. Sanders

sanderstony@live.com

 

To insert a Pathogen Patent Protocol in Section 266 of Chapter 27 on Government Interest in Patents of Part III Patents and Protection of Patent Rights of Title 35 of the United States Code pertaining to Patents, to create a federal patent classification for pathogens that have previously not been patents or otherwise adequately controlled and licensed under federal statute, to require scientists studying unregulated pathogens to file for and pay United States Patent and Trademark Office fees pertaining to patents, the applications will be forwarded to the Agency for Toxic Substances and Disease Registry, (ATSDR), National Select Agent Registry, Secretary of HHS, Administrator of the USDA and Administrator of the DEA, the applicant will informed of any scheduling decisions regards the application and if a novel substance is determined to be of such potential for abuse that it is entered into the schedules of federal control the discoverer shall retain limited rights to be privileged to be informed of and be compensated for contributing to the control and elimination of the substance. 

 

Be the Democratic and Republican (DR) animal party Dissolved, referred to the United States Patent and Trademark Office

 

Text

 

Sec. 266 Pathogen Protocol

 

(a)Scientists studying or manufacturing original pathogens and toxic substances, that cause diagnosable disease in humans or animals, that have not previously been patented,  or otherwise adequately controlled and licensed under federal statute, are required under this law to file for a patent and pay the fees under 35USC(I)(4)§41.  

 

(b) The application must include the name of the pathogen; the chemical formula or material composition of the pathogen; the disease or pathogenesis it causes; the threat it poses to public health; method of manufacture, acquisition or purchase (mail order catalogues and formulary books of pathogens should be attached), method of control and containment, method of destruction, neutralization or disposal; plan for the elimination, control or limitation on the legitimate medical research uses of the pathogen; and any confidentiality or security concerns the scientists wishes the Patent Office to honor.   

 

(c) Upon receipt of an application and filing fee the US Patent and Trademark Office shall make an electronic copy of the filing, attach a bio-hazard designation, and forward to the following government agencies that serve as the national search offices:

 

(i)Agency for Toxic Substances and Disease Registry (ATSDR)

(ii) National Select Agent Registry

(iii) DEA Office of Diversion Control

 

(d) The bio-hazard designation shall state,

 

Bio-hazard: This is a pathogen patent application under 35USC(III)(27)§266 due process for the Prohibition with Respect to Biological Weapons pursuant to 18USC(10)I§175 by the Agency for Toxic Substances and Disease Registry (ATSDR), National Select Agent Registry, Secretary of HHS under 42 CFR part 73, Administrator of the USDA under  9 CFR part 121 and 7 CFR part 331, and Administrator, DEA Office of Diversion Control under 21USC(13)(I)(B)§811 and 21CFR§1308.43.

 

(e) The applicant will be informed of any scheduling decisions in regards to the pathogen patent application.  Whereas biological and chemical weapons are prohibited, in no case shall the federal government determine that they are important to the armament or defense of the United States, nor shall a decision be delayed more than three years under 35USCIII(27)§267.  If a novel substance is determined to be of such potential for abuse that it is entered into the schedules of federal control, by an agency decision, the discoverer shall retain limited rights to be informed of government efforts and be compensated for contributing to the control and elimination of the substance, a privilege revocable by either the government or discoverer.