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Open Source Biology Initiative

Nick dos Remedios writes "The Biological Innovation for Open Society (BIOS) initiative aims to make biological technology more readily available to biologists everywhere. The latest genetics and biology tools should be freely available to researchers over the internet, but instead access is typically restricted by commercial patents and prohibitive licensing fees. BIOS and its associated BioForge aims to overcome these restrictions to innovation by encouraging companies and public sector research organizations to contribute their research tools and technologies to the BioForge repository. In return, users of the technology are bound by an open source license to share all improvements with the original inventors and other license holders."

48 of 141 comments (clear)

  1. ummm by usernotfound · · Score: 5, Insightful

    In my opinion, all research should be this way in fields that are directly related to the betterment of our health. Who would object?

    --
    You call it excessive, I call it ambitious.
    1. Re:ummm by quamaretto · · Score: 5, Insightful
      In my opinion, all research should be this way in fields that are directly related to the betterment of our health. Who would object?

      The same people who would object to the betterment of our computers, e.g.:

      • Those who have direct financial interests in the information
      • Those who have indirect financial interests in the information, via it's distribution and use by others and the resulting "open market" of ideas and products
      --
      *is run over by rotten tomatoes*
    2. Re:ummm by pe1rxq · · Score: 4, Interesting

      Unfortunatly large medicine producing companies don't agree with you....
      In the current system your illness isn't likely to be cured soon unless there is a significant market for the cure.
      Add to that the moron that came up with the idea to allow genes to be patented and you get a nice world to live in.

      If only a few governments (rich & developped) would have the guts to make cheap drugs and good research possible without wanting profits. (There will be profits ofcourse, but not in a monetairy sense)

      Jeroen

      --
      Secure messaging: http://quickmsg.vreeken.net/
    3. Re:ummm by shatteredsilicon · · Score: 2, Interesting
      Add to that the moron that came up with the idea to allow genes to be patented and you get a nice world to live in.

      I'm just waiting for the day when God turns up and claims he has prior art to the patented gene. :-D

      If only a few governments (rich & developped) would have the guts to make cheap drugs and good research possible without wanting profits.

      Who cares where the drugs are made? All the "generic viagra" spam proves that this is already done on a large scale. As it should be! :-)
    4. Re:ummm by GreyWolf3000 · · Score: 2, Funny

      I'm just waiting for the day when God turns up and claims he has prior art to the patented gene. :-D

      Of course, with our system the way it is, sitting on top of prior art and waiting for infringement to come about as a business model has been patented, so God would be in trouble.

      --
      Slashdot: Where people pretend to be twice as smart as they really are by behaving like children.
    5. Re:ummm by SirGeek · · Score: 4, Insightful
      In the current system your illness isn't likely to be cured soon unless there is a significant market for the cure.

      What are you kidding ? Medicine Producing Companies will NEVER cure anything. Cures immediately close the market for a product. Why do you think we have so many allergy treatments and no cures ? Why do you think we have arthritis treatments but no real cures ?

      The answer: Cures = Limited Profit ( once cured, they aren't customers anymore), Treatments ( that don't kill ) = Perpetual Unlimited Profit

    6. Re:ummm by menacing_cheese · · Score: 2, Insightful

      Well both of those disorders are caused by the host's immune system. So a cure would likely have to involve destroying the immune system. Not something I'm going to be signing up for no matter how much my hands hurt.

    7. Re:ummm by m.h.2 · · Score: 2, Interesting

      Having spent many years in the "Life Sciences" arena, I can attest to how (sadly) true this is. I hopped on board a small research division of a very large company. The division was essentially a group of scientists who really did (do) care about finding a CURE for a specific disease. The large corporation (who owns another division that benefits greatly from a TREATMENT for said disease) starts to do the math...

      research division (whose operating costs were mere pennies on the larger company's P&L.): shut down.

  2. Patents by gowen · · Score: 5, Insightful

    Sadly, the most pressing problem isn't the availabilty of biological tools, but the fact that researchers are being allowed to gain patents on their genome sequences, even though such people as The Human Genome Organisation (HUGO) are against it. They've no problem with patented gene therapies, but patenting the genes themselves is just a horrible thing for cutting edge science.

    --
    Athletic Scholarships to universities make as much sense as academic scholarships to sports teams.
    1. Re:Patents by MillionthMonkey · · Score: 2, Insightful

      It used to be that you could run to the patent office with nothing more than a printout full of G, T, A, and C. The torrent of sequence patents reached such a frenzy a couple years ago that the patent office actually tightened the restrictions for sequence patents: now to patent one you have to provide a mechanism of action, i.e. how the sequence interacts with some drug or other treatment. It was covered on Slashdot.

      Not that I think genes should be patentable at all, unless you designed them yourself. That's a much higher bar- people can insert any sequence they want into an organism but lack the knowledge of how to do it intelligently. If you can make a novel sequence change yourself that does something useful, you might deserve a patent. But wild-type sequences should not be patentable, and if a gene patented in this way turns out to have appeared in nature it should count as prior art.

  3. not likely by scaaven · · Score: 3, Funny

    Even though DNA is 'open source', it's so hard to hack right now company's stand to make more money by hoarding ideas and insights.

    --
    I know I'm going to be modded up on this
  4. Great by Anonymous+Custard · · Score: 2, Funny

    Great, now the terrorists will be able to create genetically enhanced supermen to fight our all natural 100% human soldiers. We're doomed!!!

    1. Re:Great by Girckin · · Score: 3, Insightful
      Great, now the terrorists will be able to create genetically enhanced supermen to fight our all natural 100% human soldiers. We're doomed!!!
      Unless the Bush Administration is holding back on the biological engineering capabilities of "terrorists", it will probably be the other way around. Genetically "enhanced" soldiers to invade whatever country is "lacking in freedom", and force "freedom" upon them. But don't worry -- we're still doomed.
  5. BioForge sounds like a candidate for GForge... by tcopeland · · Score: 2, Informative

    ...lots of those out there already; more on GForge here.

    Splitting up the project load makes sense to me; that way one site - SourceForge - doesn't have to bear the full load. Also, it lets folks do custom things to make their site more useful - like Graal.

  6. BIOS is working close with the CMOS by suso · · Score: 3, Funny

    CMOS = Canadian Meteorological and Oceanographic Society

  7. open source biology: anathomy by Keruo · · Score: 2, Funny

    ok, everyone share your porn, and we'll have nice nice database for scientific research

    --
    There are no atheists when recovering from tape backup.
  8. Let's make everything free! by Blitzenn · · Score: 5, Funny

    I like this free kick we are on. I think everything should be free. No one should be allowed to make or invent anything that isn't open source, (at least that I want to use). I would ever have to spend money again. Of course I couldn't make any money either, seeing as how everything is free. The up side is that I wouldn't have to work anymore because I don't have to pay for anything. But then who is working to make my bread if everything is free?

    Somethings have to be possessions of an individual, so that we can charge others to use them and make money ourselves. Jealousy or envy is not a reason to force someone to give something up. If you can make a saleble product from the tools you need, then buy the tools. OTherwise I would venture to guess that it is not worth doing to begin with. Gosh, I had to buy a computer to write code with, what a horrible thing that I had to pay for a tool that should be free!

    1. Re:Let's make everything free! by Realistic_Dragon · · Score: 4, Insightful

      Were this a utopia...

      The cost of production of everything drops all the time. It takes one man now to do a thousand men's work from a thousand years ago. Since the cost of production is tending to 0 (thanks mostly to increased automation) there is no reason why everything cant be free in the long term.

      All that is required for this to work is for a small minority to be willing to work for no gain except prestiege. It's not like the work would be boring - mostly conceptual and design, like the creation of new robots. The repetative or boring stuff can be automated.

      The proof that this sort of system _can_ work is the open source movement. Where the marginal cost of production is 0 enough people (especially the talented, gifted, self motivated people) seem to be willing to contribute for free to keep the whole system running perfectly well. Those that use and give nothing back... well they cost nothing to those who do contribute, so it doesn't bother them much.

      Open source software offers more than just free software. It offers hope that in the long run the sort of utopian vision that had us all not working but enjoying our time on our persuit of choice (which may indeed be something useful - even if no one is making us do it) CAN become a reality. In fact it's fairly inevitable... the only way it can be stopped is tying up of ideas that provide artifical costs to make sure that the things you need never become essentially free.

      --
      Beep beep.
    2. Re:Let's make everything free! by Rostin · · Score: 4, Insightful

      If only I had mod points...

      There's a compelling, if naive, argument to be made for open sourcing all pharma research. It proceeds along the same lines as the "If everyone would just throw their guns in the ocean, we'd have world peace!" argument. Or, in different terms, "If wishes were wings, pigs could fly."

      The barrier is human nature. People who do things for selfless reasons are few and far between. Most people who think they do things for selfless reasons are self-deluded. It's also really easy to give other people's money away. The same people who think that they'd give all their money away if they were Bill Gates are probably giving little to none of what they do have.

    3. Re:Let's make everything free! by Blitzenn · · Score: 2, Insightful

      Excellent point! I think the world needs to look at the fact that there CAN be a medium between capitalism and socialism. We need to, as a society, decide which of those things are to be distributed freely amongst ourselves, and which things are to be sold to the highest bidders. There is only one Mona Lisa. Hence it will exist in one place and be enjoyed by only it's owner. Alast! Someone bought it and displays it for all of the world to see freely. Or is it really free? The taxpayers of France are really footing the bill there. But it is THAT important. To great a thing to be held by one person or even a select few. We realize that now and collectively pay the price to stop that from happening. Collectively the price is very low. It boils down to economics. Taking on those big things collectively males them cheap, but still not free. That is also going to be the case with Healthcare and Education. Neither will ever be free, but collectively we can manage them. The problem is that Healthcare is not managed collectively in the US. Therefore it is bought only by those who can afford it. Software is managed under the same umbrella of capitalism. Perhaps we should not be looking to make it 'free', but to collectively manage the costs. Because making the resultant product(s) available to only those whop can afford it, is not acceptable to most of us. That IS what open source is about. Managing the task collectively and making the rewards of the solution available to all. It does not come without a cost, and to try to remove the cost is detrimental to all involved and will result in a poor product at the end.

  9. ummm...... Nice name. Seems familiar though by Kunta+Kinte · · Score: 2, Insightful

    Why select a name that has a specific meaning in your own sector?

    This creates unnecessary confusion. A marketing faux pas that could have been easily avoided by simply choosing a lessor known acronym.

    --
    Based on upvotes, Ageism is the only "-ism" Slashdotters care about and think isn't SJW
  10. Isn't this mostly true anyway? by MasterofSpork · · Score: 5, Informative

    Typically for academic institutions, you publish all of your techniques including changes that you made to the protocol to get your results. This, and the willingness to share and explain your approach, is called good science.

    The problem comes when you try to open up approaches done by commercial companies. Many of these companies spent years putting together the kits that they sell. Only the restrictive licensing and patents allow them to fully recoup their losses.

    Take Amaxa for example. They supply an electroporation kit that works wonders for expressing constructs in cells. Unfortunately each kit costs $300 for 25 transfections. My lab typically goes through 3 of these every 2.5 weeks. Now if Amaxa would just tell us what the composition of the buffers are, that is all that I need to put together my own electroporation system and save my lab at least 15k a year! As a downside, Amaxa would cease to exist. What would be the point of having a biotech company that develops new techniques? Selling support? Please.

  11. Can I be the first... by Fross · · Score: 3, Funny

    ... to make an "Open Sores" joke?

    No?

    I'll get me coat.

  12. From their project document by JackL · · Score: 2, Insightful
    The CAMBIA BIOS Initiative: Proposal Summary Open innovation is becoming a strikingly successful model in Open Source Software and is currently being applied to a wide range of industries from publishing to space research. BIOS will explore, apply and extend this democratisation of innovation to problems of biology affecting the disenfranchised of the world, in fields ranging from human nutrition, food security and agriculture, to environmental management and improvement, conservation and use of biodiversity, human and veterinary medicine and public health.

    Most of the problems facing the "disenfranchised" of the world are not technical but political. Good on the BIOS project for their efforts, but I think peace and some common sense public health practices in the third world will go much further towards helping those people.

    Here's hoping...

  13. Re:Where's my Open Source DNA Sequencer! by Keruo · · Score: 2, Interesting

    In some ways, it makes sense that dna sequencing hasn't been released to the public directly.
    To analyze that amount of data and to create the sequence data, it requires insane amounts of cpu cycles and the companies doing the anaylzing, are paying lots of $$$ for the job they're doing without sure revenue.
    The risk investment in researching is simply too big, to just hand out the results for free in this case.

    --
    There are no atheists when recovering from tape backup.
  14. bioinformatics.org? by dan+dan+the+dna+man · · Score: 4, Interesting

    Doesn't this mostly just duplicate the efforts of bioinformatics.org?

    "The Bioinformatics Organization, Inc. (Bioinformatics.Org) was founded to facilitate world-wide communications and collaborations between practicing and neophyte bioinformatic scientists and technicians. The Organization provides these individuals, as well as the public at large, free and open access to methods and materials for and from scientific research, software development, and education. We advocate and promote freedom and openness in the field as well as provide a forum for activities which facilitate the development of such resources."

    This is just another example of someone trying to carve out a niche in the "hot" area of bioinformatics - the same way as this profusion of Live-CD's for Bioinformatics. It seems to me it's all quite divisive. Bioinformatics models itself on the OSS movement for the most part, but its inherent bindings with industry means there seems to be a lot of people trying to make names for themselves with "projects" even if it means duplicating the effort of someone else.

    (Yes I am a bioinformatician)..

    --
    I don't read your sig, why do you read mine?
    1. Re:bioinformatics.org? by dan+dan+the+dna+man · · Score: 2, Interesting

      Bad form replying to my own post, but on closer inspection this seems to be a business led initiative, not what I thought. That doesn't make it any the more useful though ;)

      --
      I don't read your sig, why do you read mine?
  15. Me by grimner · · Score: 3, Insightful

    If there is no financial incentive, who will pay for the research? Government funding has faded over the years leaving private industry to pay for much of the basic research upon which commercial enterprises are built. People need to understand, drugs are not expensive because the pharmaceutical industry is taking huge profits (unethical, I know) but they're expensive because research is *enormeously* expensive, combined with the fact that most drugs fail clinical trials. The money has to come from somewhere.

    1. Re:Me by gowen · · Score: 2, Insightful
      Government funding has faded over the years
      Completely true. But its not a fait accompli. Governments should do what the people want, rather than the people having to put up with what the government decides. If you think the nation's health will be improved by funding blue-sky research in biotechnology, vote for the people who will fund it, and prevent corporations "owning" knowledge about biotech through ludicrous patents on gene sequences.

      --
      Athletic Scholarships to universities make as much sense as academic scholarships to sports teams.
    2. Re:Me by WindBourne · · Score: 2, Interesting

      Actually, that is a real myth.
      The RD budget for most pharmaceutical companies is relatively minor. For many it is less than 10%. These companies have outlandous marketing costs that compare to what was done in the 60's.
      This does not mean that I am opposed to patents and copyrights. But I do think that things have gotten out of hand. The office is broken and patenting things that come from large companies almost at will. Likewise, the length of time granted for patents and CR are also ridiculus. When our country first started doing these, the idea was to give the little guy a chance to develop the ideas. Now, it is simply a way to rape the public.

      --
      I prefer the "u" in honour as it seems to be missing these days.
    3. Re:Me by lovebyte · · Score: 4, Interesting

      Having worked for a pharma and now being in the public research sector, I know you are right. R&D represents 1/3 of the total budget of pharmas, of which Research is a 1/3.
      Nowadays, most new drugs are not coming from pharmas but from biotechs anyway. What pharmas are good at is Development which costs 100s of millions of dollars/euros, takes years and signals the death of most potential drugs coming out of research.

      Can anyone explain to me who will pay for development if there are no patents? The only way pharmas can make money is by having the exclusivity on a drug for some time. If you can see another way, please tell me what it is.

      --

      I'll do it for cheesy poofs.

    4. Re:Me by WindBourne · · Score: 2, Informative

      While some things take 12-15 years, many do not. Look at the first version of aids drugs. They used 3-5 di-DNA to terminate the DNA and prevent rna->dna reverse-transcription. The entire idea was from sanger, nicholson sequencing. In 1981, I was doing sequencing of VEE (and other virus) dominatly using this approach. In '83, when the first drugs came on line, it was simply the chain terminator. There was no R. Yet a patent was granted. How much money was spent? very little.

      As to the costs, well, just because money is spent does not mean that is what it costs. It is no different than what happens with Musicians and Movies. Few labels have a Movie or Musicians that make a profit. Yet, for some odd reasons the labels make outlandish profits. Same thing with Pharmaceutical companies.

      --
      I prefer the "u" in honour as it seems to be missing these days.
  16. Threading on thin ice here by Lisandro · · Score: 3, Insightful

    Open source biology, eh? Sound nice, but please, let's have someone to regulate and watch over these actions. The potential to improve the quality of life through biological engenieering is as big as the potential to end it.

  17. Nice idea, but... by Pedrito · · Score: 4, Informative

    This is a really nice idea. The problem is that all this research costs money and a lot of it is being done by publicly owned companies. A publicly owned company has an obligation to its stockholders to make profit and generally to maximize that profit.
    That's not just someone's idea, but that's actually the law.

    So, this research costs money and it's being done by companies that are obligated to make a profit off of this research they've paid for. So, they sell the results of that research for insanely large amounts of money.

    Now, we say, "that's just insanely priced," but in economic terms, that's "what the market will bear," which in layman's terms means that enough people are willing to pay that "insane price" that it's worth it to keep it at that price.

    This all follows very standard formulas that apply to most industries, not just drug companies. So, we sit around and talk about the evil of the drug companies, but the fact is, they're just doing their job as the law specifies.

    I have no problem with us changing the law, but it's kind of like changing the rules of the game after the game has started. All the players hurt by the new rules cry foul, for obvious reasons.

    1. Re:Nice idea, but... by Pedrito · · Score: 2, Insightful

      What the market will bear. What a lovely sentiment. It occurs to me that an antibiotic or vaccine isn't the same as the new Star Wars DVD.

      But you're missing the point. This is a corporation, not an individual. It's a corporation which has a legal obligation to make as much money for its stockholders as it legally can. If it fails to do that, the company becomes legally liable and open to class action suits by the stockholders.

      I'm not saying it's the most humanitarian thing in the world. Far from it, but drug companies aren't humanitarian organizations.

      Now, if people want to start up non-profit drug companies, that would be fantastic. Of course, the'll need startup money to fund development, and of course, they'll need to charge something for the drugs to at least make back what they spent on the R&D, but I think there's little question they could offer drugs at a much nicer price.

      The problem is getting that startup capital, which these days, is a major chunk of change. And also, keep in mind that drug R&D, especially by the smaller companies, is a real gamble. Many small drug companies can prosper or die on the results of a single drug development, so you have to have enough money to be able to develop quite a few concurrently to guarantee that no single loss is going to kill the company (the "don't put all your eggs in one basket" principal). The kind of money we're talking about is probably hundreds of millions, possibly billions, in startup for R&D. That's a good chunk of change. Not many people want to throw that kind of money at a non-profit venture, especially one going into something as dicey as drug development.

    2. Re:Nice idea, but... by jdcook · · Score: 2, Interesting
      "This is a really nice idea. The problem is that all this research costs money and a lot of it is being done by publicly owned companies. A publicly owned company has an obligation to its stockholders to make profit and generally to maximize that profit. That's not just someone's idea, but that's actually the law."

      That's the law now . It used to be the law that a corporation had to serve the public good. There are sound reasons for the change but they needn't be absolute. (And another pet peeve, the corporate "person" fiction, makes sense but only if we can have the corporate death penalty too.)

      "Now, we say, "that's just insanely priced," but in economic terms, that's "what the market will bear," which in layman's terms means that enough people are willing to pay that "insane price" that it's worth it to keep it at that price."

      The "market" is merely a (very usefull) description of certain kinds of interactions amongst spearate entities. It is not a god that must be obeyed. If the "market" makes it profitable to deny medical care to some, perhaps this is a "market" that should be examined and regulated. Perhaps it isn't possible to develop needed drugs in a regulated market. But maybe it is. There may be a profitable market in using infants' chest cavities as self-fertilizing planters. That doesn't mean the market must be served.

      "I have no problem with us changing the law, but it's kind of like changing the rules of the game after the game has started. All the players hurt by the new rules cry foul, for obvious reasons."

      The rules were changed to benefit the corporations at the expense of individuals. The rules might change back. So what. If corporations don't like the rules, they don't have to play. These aren't commandments. These are social conventions. If they don't serve society's interests, change them so they do.

      --
      Q:How many libertarians does it take to stop a Panzer division? A:None. Obviously market forces will take care of it.
  18. Re:ummm...... Nice name. Seems familiar though by fimbulvetr · · Score: 2, Interesting

    Uhhhh, _very_ few people know what BIOS means. Sure, we know what it means on /., it could also be argued that a significant percentage of people on the internet know, but that data is heavily biased.

    For instance, when I worked for an ISP, I had a hard time telling people (lots of everyday life friends, peers and fellows) what ISP meant.

    Cross-sector acronyms not only exist, they are very common. We (IT sector) can't even keep acronyms for a single thing (UML comes to mind), much less settle on what they mean (Sorry, brainfart, but there are hundreds out there).

    I doubt naming it BIOS will have any kind of impact whatsoever.

    It's even very likely that the IT sector has tons of acryonyms that already exist in the medical world.

  19. And SPACE by Commander+Trollco · · Score: 2, Interesting

    And if the space shuttle's replacement will be using free software? No, seriously folks. How do we expect to progress as humanity unless every aspect of our large scientific projects become open and shared? Space exploration is going to stagnate unless they start using open technologies.

    --
    http://persianews.on.nimp.org/?u=Tar_Baby
    1. Re:And SPACE by sepluv · · Score: 2, Informative

      Use the Power of Google. Also,I believe Debian has been used on NASA space shuttles before now and they use their own version of GNU/Linux a lot.

      --
      Joe Llywelyn Griffith Blakesley
      [This post is in the public domain (copyright-free) unless otherwise stated]
  20. Science Commons by Anonymous Coward · · Score: 3, Informative

    There's also a branch of creative commons formed to work on this.

    Science Commons

    They're more focused on 1. supporting open access to scientific literature, especially taxpayer-funded literature and 2. building licenses and modular contracts that allow companies and universities to waive some IP rights when it makes sense (such as, if we know we aren't going to make money on a gene patent and you could use it to cure tuberculosis, good on ya, but if you want to use it to make a viagra competitor, we get a piece...so to speak).

  21. Re:Where's my Open Source DNA Sequencer! by jestill · · Score: 2, Informative
    Sequencers are already available on Ebay and the public sequence data are available from The national center for Biotechnology Information.

    The cost of sequencing and data analysis is actually quite low, and all publically funded (NSF/NIH) data should be made available to the public.

    The best way to make sure that this data remains open source is to increase funding to national granting agencies like the National Science Foundation and the NIH.

    --
    "Asleep at the switch? I wasn't asleep, I was drunk!" -- Homer
  22. Prior commitments by Sai+Babu · · Score: 2, Interesting

    I can see this taking off after some 'critical mass' is achieved. A big problem will be IP agreements that working researchers have with their employers. Some are so restrictive that 'the company' holds IP ownership on discovery totally unrelated to the employees 'paid for' expertise.

  23. Re:I am Jack's pessimistic outlook by MasterofSpork · · Score: 2, Insightful
    I think you are confusing the IP in tech with how science actually works. Most people do not patent their findings. You release your results to the world in forms of journals. Scientists then take your results, along with your techniques and can test them to prove, disprove, or expand upon and reach their own conclusions which they then publish, etc.

    The only times patents are used are when an actual product is produced. This can be a kit, a drug, a novel assay, whatever. The point is, that it was developed. This development (in science, at least) takes lots of time and money, and that is why patents exist. Something has to safeguard your time and money, otherwise there isn't a point to developing things in the first place.

    You have to realize that while many people use software on a day to day basis, the people who use biochem kits and such are almost all able to make them themselves with little effort and knowledge of the composition. It's not the same as patenting an operator. Open sourcing kit composition is a way to destroy your company unless said kit is really complex (most aren't).

  24. the people paying for it for starters by Anonymous Coward · · Score: 2, Insightful

    you pie in the sky everything should be free, but never contribute anything but demands people need to understand one simple thing.

    someone has to pay for all this research and work, and to pay for something they have to make something in return.

    I know that is not how it works in your mothers basement, but that is how it works for those on the outside!

  25. This may get more resistance from the schools,, by fleshball · · Score: 3, Informative

    This may get more resistance from the schools than the private sectors. All universities make you sign away EVERY possible disovery you make, as a student or professor, and they are more inflexible about this than many companies. Mike Eisen told me that he imbeds GPL code into his code so that it cannot be exclusively owned by UC. Universities have realized the cash cow biotech really is. Look at university of Madison wisconsin. They still make money on "vitamin D milk".

  26. yeah, I don't understand this by Trepidity · · Score: 4, Interesting

    Merely discovering things that exist in nature in any other field is not patentable.

    If I am inspired by some strange cave formation and design a new method of supporting buildings around it, perhaps I can patent it the particular method of supporting buildings. But I can't just patent the cave formation after discovering it and sue anyone who then applies any principles contained therein to anything.

  27. I would. by pavon · · Score: 2, Insightful

    The thing you have to understand out the medical field is that (unlike software patents) royalties (and expected royalties) from medical patents have funded a huge amount of research that simply would not have been done otherwise. Furthermore, the costs to bring a new medicine to market are very high due to FDA regulations, and no company or research institute would have the means to do so if they were not given some sort of monopoly to sell the drug on the market.

    I would agree that any research funded by public sources should be public, if if any of it isn't than that should be dealt with. Also, concidering how much profit the drug companies are making, I would agree that we could decrease the length of medical patents at the with out a significant negative impact on the rate of progress. If we approved them for 10 years extended by 5 years at the time of FDA approval, that would give a company time to get their through drug tested and brought to market, with at least 5 years with a monopoly on it's sale. However if a company did not pursue creating an actual product from their idea, they would loose the patent sooner, and even if they did the patent would expire 5 years sooner than it will today.

    But after those tweaks you are basically left with a choice - make these privately developed drugs available to the people who can afford them now, and to everyone else once the patent expires - or don't have them at all for decades until the public sector gets around to it. Especially concidering how political the public sector funding can be, I for one am happy that we have a healthly, vibrant private medical sector - that works in addition to, and above and beyond what the public sector can do on it's own.

  28. Two Prime Examples: GFP and Taq by prion000 · · Score: 2

    IANAPL (Patent Lawyer), but I believe that the patent office has not been granting patents purely for gene sequences anymore (I won't speak of the initial rush to patent all sequences, ESTs, SNPs, etc.)

    IMO, two of the best examples of a useful patent, and a valid granting of a patent, stem for Taq and GFP.

    -> Taq: this protein allows people to amplify the smallest amounts of DNA into very useful quantities. The processes of using Taq both in genome sequencing, "DNA fingerprints", and making things like the GFP Bunny make it a contender for "molecule of the year". From my understanding, the patents granted dealt with:

    1) isolation of Taq from natural sources
    2) use of Taq to amplify DNA
    3) isolution of Taq from non-natural sources (using other organisms)

    -> GFP: this protein allows people to easy visualize events as they occur in an organism without having to resort to difficult, variable procedures. The patents granted dealt with:

    1) the use of GFP for visualization of various events
    2) the use of GFP as a biological marker (identify transgenic organisms)

    As someone mentioned previously, you can't patent an arch that you see in nature, but you can patent a device that utilizes the arch's principles to support a structure. I feel that these gene patents are *not* simply patenting a sequence (contrary to the media reports), but patenting the use of the sequence.

    And if someone modifies some of those letters and creates a better protein, then it's time for a new patent!