CANCER BY THE NUMBERS
The Burden of Cancer in the United States
National Cancer Institute
In 2018, an estimated 1,735,350 new cases of cancer will be diagnosed in the United States and 609,640 people will die from the disease.
In 2019 it is estimated that:
Cancer incidence is 439.2 per 100,000 men and women per year
Cancer mortality is 163.5 per 100,000 men and women per year
Cancer mortality is higher among men than women (196.8 per 100,000 men and 139.6 per 100,000 women)
Approximately 38.4% of men and women will be diagnosed with cancer at some point during their lifetimes
Statistics & Facts
Today, most patients are still treated using traditional forms of chemotherapy. For example, a large number of patients with the same disease will get the exact same treatment, and if efficiency is absent, they will be switched to the next given type of treatment. This often time-wasting trial-and-error style is typical for classical treatments. To put it simply, the focusing on the special characteristics of every individual is barely existent. That is where personalized medicine steps in.
Congress, the Executive Branch, the Judicial Branch and the people of the United States are bonded by a four-page handwritten document housed in a museum about 2 miles from the U.S. Capitol—the U.S. Constitution. This four-page handwritten document has alone created the best and most successful union of people in the world. Whenever our government strays outside this exquisitely balanced tripartite structure, mischief occurs in the form of damage to our union and our successes. This damage is now occurring to one of the most important factors that made the United States a success---motivation for innovation based on strong patent protection.
The U.S. Constitution created the balance of powers for our government to ensure that no one branch of the government would usurp too much power. Article I, Section 8, Clause 8 grant the exclusive right to create patent law to Congress. Congress used this power to create the statute on what subject matter is eligible for patent protection in the United States, which is now found in 35 U.S.C. Section 101. The U.S. Supreme Court thus only has the power to interpret the literal wording of Congress’ law, and is not authorized to create separate and inconsistent law, regardless whether it agrees. The U.S. Supreme Court has shown disdain for Congress and has ignored its statute and its Congressional legislative history. Instead, it has created its own case law under which the is little or no patent protection left for medical diagnostics and natural product drugs, both used in the fight against cancer. Cancer advocates cannot allow this.
The simple facts:
The U.S. Constitution grants Congress the sole right to create patent law (Art. I, Section 8, Clause 8).
Congress has repeatedly passed laws on what subject matter is eligible for patenting in the United States since 1790 (only three years after ratification of the Constitution).
In well over 20 repeated passages of the law, Congress has insisted that both inventions and applied discoveries are patent eligible, even over dissent.
The U.S. Supreme Court has held through a series of cases that inventions, but not applied discoveries, are eligible for patent protection in the U.S.
The U.S. Supreme Court has created “judicial exceptions” to Congress’ statute, that result in the statute meaning its exact opposite.
The U.S. Supreme Court’s case law excluding applied discoveries from patent eligible subject matter has resulted in NO patent protection for personal medicine diagnostics since 2012.
The U.S. Supreme Court’s case law excluding applied discoveries from patent eligible subject matter has resulted in NO patent protection for isolated natural product drugs, which have formed the core of anti-cancer therapy for years. Basic research on new isolated natural products has come to a full stop because of the Supreme Court cases.
Personal diagnostics and drugs based on natural products are still patent eligible in Europe, China, Japan, South Korea and other foreign countries, which means the U.S. is falling behind globally.
Since the Constitution grants Congress the sole right to create patent law, and the U.S. Supreme Court’s case law is inconsistent with Congress’ law, then the U.S. Supreme Court’s law is unconstitutional.
The U.S. Supreme Court’s law is harming present and future cancer patients and their families and friends.
The U.S. Supreme Court’s law should be fixed by having Congress pass a new statute overriding the U.S. Supreme Court’s law which would return the United States to a prominent position in full motivation for cancer and other medical research.
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