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New Technique Makes Most Gene Patents Irrelevant

Billy the Mountain writes "This Scientific American article, Legal Circumvention, describes a technique for circumventing gene patents whereby living cells are coaxed into expressing genes, especially those genes currently held under patents. Although, would-be exploiters of genes are prevented by patent restrictions from constructing a particular sequence and replicating it, patent law cannot be enforced in instances where an existing cell or organism is caused to express any of these patented genes and proteins."

5 of 225 comments (clear)

  1. Hmm... by smoondog · · Score: 3, Informative

    But the changes required to avoid the patents, in my opinion, are likely to be more expensive than licensing the patent itself. It is very difficult to find a gene product that can be used without cellular purification....

    -Sean

  2. Re:Genetically modified seeds? by SpamJunkie · · Score: 3, Informative

    This case is a big deal here in Saskatoon. Your facts are incorrect: it was shown that the seeds could not have blown off a truck. An engineer here at the U of S showed, in court, that the seeds could not have been distributed in such a way.

  3. Re:Machining Parts by Cryptosporidium · · Score: 2, Informative
    Sabriel asked:
    What happens when science reaches the point where we can have the biological equivalent of CNC mills?

    We would call them ribosomes. :)

  4. Re:Machining Parts by rhombic · · Score: 2, Informative

    Um.... PCR WAS patented when it was discovered. And with every PCR machine and every lot of TAq and related polymerases that you buy a little bit of license fee goes back to the current licenseholder (Roche). Hope that clears up your illness. Next time do a bit of research before spouting off, m'kay?

    --
    1984 was supposed to be a warning, not an instruction manual.
  5. Re:Patent Genes? by russotto · · Score: 2, Informative

    So what? The patent system is supposed to cover _inventions_, not discoveries. No matter how hard the discovery is. Synthesize a gene which cures anemia? Patent that. Find one in nature? That's clever, but not patentworthy.