View Full Version : Patent Laws on Genetic Material
11-24-02, 08:48 PM
Inquiring what people think about patenting genetic material? Should people be able to patent something that exists already or be able to patent microbes to which they genetically manipulated (Diamond v. Chakabarty) decided that it was okay. It seems wierd and difficult on where to draw the line, can we add a gene and call it an invention?
11-25-02, 06:03 PM
actually, some patents have already been issued for certain genome fragments. as we speak, some are even pending. only problem i see with this is who, what and when of it all ..what i mean is WHEN IS the proper time [from the point of the discovery/inception of hte product to full development] with which to slap a patent on a gene ...which part do you decide to patent, ..know what i mean?
What if an organism naturally evolves to include the change? What if I manage to do it by selective breeding rather than gengineering?
By the way, could you provide a link ot the news story?
11-26-02, 11:48 AM
what i mean is WHEN IS the proper time [from the point of the discovery/inception of hte product to full development] with which to slap a patent on a gene ...which part do you decide to patent, ..know what i mean?
Laws are set out accordingly on question you just asked. Conception happens then a reduction to practice, you apply for the patent and the PTO decides whether it meets the selected criteria, meaning you need to be comfortable in your practice in order to survive the process in the PTO. You patent the part that is the crux of the experiment and the problem you are trying to solve. The issue I was trying to get at was whether granting patents on genetic material is a good thing, it has been done, you're right, but should it be? It seems like it would grant a monopoly over a gene that other people need to use to get to their experiments end result creating many problems (one of funding) in the biotech industry, I mean not all of us can afford to get through and pay a licensor a fee to use their gene to perform our experiment, thus kind of dwarfing the constitutional protection art 1 s8 c8-"promote the progress of the sciences"
Selective breeding: the is a plant protection act out that covers this, i am a little sketchy on it. though i know asexual reproduction can be patented not sure, can you look this up? that would be cool......
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