is the Founder, Chief Executive Officer, and Chairwoman of the Board of Asha Nutrition Sciences, Inc. Ms. Bhagat made groundbreaking discoveries in lipid metabolism and the role of lipids and other nutrients on the manifestation of infectious and chronic diseases and acute events. Since the foundation of Asha Nutrition Sciences in 2008. Prior to founding Asha Nutrition Sciences, Ms. Bhagat was the Founder and President of Health Care Solutions, a consulting firm that assisted companies with strategy and business development.
Experts agree that public health issues in the United States are not being solved despite an abundance of highly trained personnel, remarkable facilities, and access to the newest drugs and technologies. Instead, health care costs keep rising as the technology advances. A significant part of the problem is that governments are more likely to grant patents to drugs, devices, and treatments over nutrition innovations, making treatments more financially rewarding than prevention and increasing the disease burden and health care costs. Though there is no restriction against nutritional inventions in most patent laws, in practice the patent system favors drugs, devices, and treatments over nutritional solutions. Further, when nutritional patents are granted, they are severely restricted, such as to a narrow formulation or to fortification of foods with certain nutrients for certain use.
After nine years of costly legal proceedings the United States Patent Office denied the patent by misapplying the law. The Court of Appeals for the Federal Circuit rubberstamped the Patent Office and issued an evasive non-precedential opinion—meaning this ruling does not apply to other cases. The case is now appealed to the Supreme Court of the United States. While I am frustrated with the Patent Office, and the Federal Circuit, the real problem is that the U.S. Supreme Court has given conflicting guidance on patent eligibility despite the clear and unambiguous terms of § 101.