Rob,
You are exactly right.  Once a method or technology has been published and sent to
public domain cyber space, I don't see how it could be patented.  Of course it must be
referenced if used.  I once looked into patenting a mixture of GMA which was developed
by a Polymer Chemist I was working with, the patent lawers told us that if the mix or
even a similar mix had ever been published we could not patent it.  My understanding
was that you had to prove to the patent office that you invented this product, so my
question to the company who claims to have a patent on Tyramide use, is did you not
disclose all of the published material already out there on this substance?
If they do have a patent I think this has been given out without proper
consideration.  I think patents and FDA approvals are being given too easily these
days.  We have FDA approval of  IHC methods for tests that are used in determining
treatment for patients when these tests have little or no room for error in an
enviroment not set up to operate without errors (histopathology).
My opinion.
Patsy Ruegg

"R.Wadley" wrote:

> At 12:14 05/18/2000 EDT, TSAGURU@aol.com wrote:
> >The recent discourse on the Histonet concerning Catalyzed Reporter
> Deposition technology, commercially known as Tyramide Signal ....>
>
>         Dear TSAGURU@aol.com,
>
>         I'm sorry I don't get your arguement.  Just because some company files a
> patent means everybody else is forced to use that product? & is denied the
> opportunity to modify/improve the idea or its purpose?  Why can't any
> individual in any lab contribute to the body of knowledge of science
> through the advancement of an old idea into a new one?  Lets make this
> clear I'm saying information from a journal.  I'm not saying nip down to
> the patent office & use the patent information.  Frankly anybody who can
> make a method work from the information given in the Methods section of a
> journal article deserves a medal, its the first part of a paper to be
> minimised.
>
>         What is the point of publishing anything at all if the knowledge cannot be
> used by the scientific community?  I thought the whole idea about
> publishing was to let other scientists see what you were doing & if they
> can, comment, improve, or disprove it.  You seem to be saying that this
> whole process goes out the window if some commercial company claims a
> patent.  As far as I am concerned if there is information published in a
> journal, ie public knowledge, why can't I access & use this knowledge?  OK,
> if I use that knowledge to create a product for my commercial benefit,
> thats wrong.  But, if I use the idea, & acknowledge my sources, & improve
> the idea or use the idea in a better way, whats the hassle, haven't I
> expanded scientific knowledge?
>
>         My 2 cents worth
>
>         Regards
>
>         Rob W.
> R. Wadley, B.App.Sc. M.L.S, Grad.Dip.Sc.MM
> Laboratory Manager
> Cellular Analysis Facility
> School of Microbiology & Immunology
> UNSW, New South Wales, Australia, 2052
> Ph (BH)         +61 (2) 9385 3517
> Ph (AH) +61 (2) 9564 0570
> Fax     +61 (2) 9385 1591
> Mobile  0411 874 470
> E-mail  r.wadley@unsw.edu.au
> www     http://www.micro.unsw.edu.au/caf.html