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1/5 of All Human Genes Have Been Patented

mopslik writes "A story on National Geographic News cites a study claiming that 20% of all human genes 'have been patented in the United States, primarily by private firms and universities.' While universities hold 28% of all gene-related patents, 63% belong to private firms, with a whopping 2000 patented genes (approximately 67%, or 50% total) belonging to a single firm." From the article: "You can find dozens of ways to heat a room besides the Franklin stove, but there's only one gene to make human growth hormone ... If one institution owns all the rights, it may work well to introduce a new product, but it may also block other uses, including research ..."

441 comments

  1. Searching for Prior Art? by pmike_bauer · · Score: 4, Funny

    ...just check my archives.
    God.

    --
    I read /. for the (Score:-1, Conservative) comments.
    1. Re:Searching for Prior Art? by Anonymous Coward · · Score: 0

      This is exactly why we need God. :P

    2. Re:Searching for Prior Art? by pmike_bauer · · Score: 0, Troll

      We need Him for a whole lot more than prior art!

      --
      I read /. for the (Score:-1, Conservative) comments.
    3. Re:Searching for Prior Art? by Anonymous Coward · · Score: 1, Funny

      Yeah! Like Holy Wars!

    4. Re:Searching for Prior Art? by ehiris · · Score: 0

      Let me guess, you still think the stork brought you from god's people factory?

      What about giving our ancestors and parents some credit on the prior art?

    5. Re:Searching for Prior Art? by nofx_3 · · Score: 2, Insightful

      Seriously though, shouldn't the religious fundementalists be up in arms about this? This could be a great opportunity for them to do something good for the community.

      --
      Visualize Whirled Peas
    6. Re:Searching for Prior Art? by ak3ldama · · Score: 0, Troll

      Jihad!

      --
      "but money is the God of Algiers & Mahomet their prophet." - Rich. O'Bryen June 8th 1786
    7. Re:Searching for Prior Art? by Dread_ed · · Score: 0, Troll

      God dosen't do holy wars. He just wipes out the entire population of the world except for a few couples (the flood), or he instantly destroys ~200,000 warriors in a single incident (Senacherib), or makes huge rivers of blood the size of the Amazon river(Gog and Magog revolution) from the people who oppose him.

      Holy wars are for the silly human powermongers like militant Islamists and Republicans in the grip of the "moral majority."

      --
      When the only tool you have is a claw hammer every problem starts to look like the back of someone's skull.
    8. Re:Searching for Prior Art? by Lucractius · · Score: 3, Funny

      Do not panic. The Authorities have been warned.

      he will be unfairly treated to the full abuse of the law.

      oops i didnt mean to say that........

      --
      XML - A clever joke would be here if /. didn't mangle tag brackets.
    9. Re:Searching for Prior Art? by nan0 · · Score: 1
      I asked Craig Vetner when he spoke a few months ago in Chicago, before wired's Next Fest - how is it possible to patent something that is naturally occuring in nature [giving martian laser dispute as example]?

      Mr Vetner's reply remains curiously unsatisfying:

      "We are not patenting the naturally occuring thing - we are patenting the laboratory copy of that thing."

    10. Re:Searching for Prior Art? by deaddrunk · · Score: 0, Troll

      Durka durka jihad mohammed

      --
      Does a Christian soccer team even need a goalkeeper?
    11. Re:Searching for Prior Art? by Skye16 · · Score: 1

      That would set a horrible precedent.

    12. Re:Searching for Prior Art? by rainman_bc · · Score: 1

      He just wipes out the entire population of the world except for a few couples

      Yet incest is a sin according to Deuteronomy:

      "Cursed be he that lieth with his sister, the daughter of his father, or the daughter of this mother..."
      Deuteronomy 27:22

      C'mon! Can we honestly be expected to buy into that crap? And don't get me started on the tower of Babel!

      --
      09 F9 11 02 9D 74 E3 5B D8 41 56 C5 63 56 88 C0
    13. Re:Searching for Prior Art? by VagaStorm · · Score: 1

      Your sugesting sleeping with your sister is a good thing? Not even /.ers should get that desperat :p

    14. Re:Searching for Prior Art? by Anonymous Coward · · Score: 0

      Don't forget that he also sends bears to kill kids who make fun of his prophet.

    15. Re:Searching for Prior Art? by Meagermanx · · Score: 1

      So the man has a sense of humor.
      That doesn't make him a bad person, you know. He just enjoys the occasional joke now and again.

    16. Re:Searching for Prior Art? by Anonymous Coward · · Score: 0

      Technically there is no problem with incest as long as no children result from it. The rest is just society taboo.

    17. Re:Searching for Prior Art? by rainman_bc · · Score: 1

      No, but I'll sleep with yours if she's hot ;)

      --
      09 F9 11 02 9D 74 E3 5B D8 41 56 C5 63 56 88 C0
    18. Re:Searching for Prior Art? by Dan-DAFC · · Score: 1

      "If God didn't exist it would be necessary to invent him."

      --
      Suck figs.
    19. Re:Searching for Prior Art? by ratpack91 · · Score: 0, Troll

      I think you'll find its: "Derka derka, mohammed jihad"

    20. Re:Searching for Prior Art? by Thyrsus · · Score: 4, Insightful

      I was curious about this too. As I understood Bill Van Etten who spoke at LISA on Nov. 18, 2005, naturally ocurring genes have hundreds or thousands of inert codons. The laboratory version eliminates those, and it is this "efficient" version of the gene that gets patented. The follow-up question that didn't occur to me then was: so why couldn't I put a few inert codons into the gene and declare myself non-infringing?

    21. Re:Searching for Prior Art? by gad_zuki! · · Score: 1

      >"The right of the people to keep and arm bears shall not be infringed!" - Amendment IIb

      Funny, the real constitution doesn't have an exclamation point. Also, your quote is misleading as its not even its own full sentence, its part of a line about militias:

      A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed.

    22. Re:Searching for Prior Art? by Anonymous Coward · · Score: 1, Informative

      "arm bears"

      "bear arms"

      You'll notice the subtle difference...

    23. Re:Searching for Prior Art? by Anonymous Coward · · Score: 0

      Well, it dosen't say it's a sin, specifically, but there can be no doubt that it would be a curse, no?

    24. Re:Searching for Prior Art? by modecx · · Score: 2

      Seriously, though, if it came down to the bible thumpers winning because they say god has prior art, or having every bit of the human genome, and all of the plants and fish and everything else patented by mega-corps... Which side would YOU chose? So what about precedent? Chalk one up for freedom, and the bible thumpers by proxy.

      --
      Constitutional rights may be respected, repealed, or modified; but they must never be ignored.
    25. Re:Searching for Prior Art? by CaptnMArk · · Score: 1

      It's probably time to go grave digging for prior art.

    26. Re:Searching for Prior Art? by modecx · · Score: 0

      Wooh! We could go to New Orleans and forage for gold fillings (and prior art) (and phat hoes)!

      --
      Constitutional rights may be respected, repealed, or modified; but they must never be ignored.
    27. Re:Searching for Prior Art? by Dread_ed · · Score: 1

      "Yet incest is a sin according to Deuteronomy:"

      That prohibition did not occur until hundreds of years AFTER the flood. Read the chapter summaries in teh Bible for goodness sake man.

      What you are saying is like trying to force everyone in today's world to abide by 14th century social customs. It's a history man, keep up with the dates.

      It is unfortunate that is is so easy to take the Bible out of context and out of time frame by almost a thousand years and no one notices the discrepancy except people who study the Bible. Everyone is just ready to take it on faith that the Bible is contradictory.

      The really funny part? You look like an idiot to anyone who can look at a Gideon Bible in a hotel room and see the dates writen in the "chapter" summary for Genesis and Deuteronomy.

      I know it is in vogue to poke fun at and ridicule the Bible, however, there are Bible geeks out there. Your comments only betray in you a basic misunderstanding of the concepts of the Bible, nothing more. For goodness sake man, even if the Bible is completely false in every respec it is internally consistent in this respect because of the time between the flood and the prohibition of incest. Take a closer look at the dates and you will understand what I mean.

      As for the Tower of Babel, do you have any idea what it represents and it's repercussions for today? Even if it was not a real thing (I believe it is) it still describes a basic concept and mystery of the modern world. Can you guess what it is?

      Nationalism.

      Have you ever wondered what mankind could accomplish if everyone in the world worked together for the same goal? Have you ever considered the things that we could do if we all spoke the same language and had the same cultural background and all had the same ideas about achievement? Why can't we all get together on the same page and realize our potential as a collective and solidified race? Why can't we achieve the Star Trek-like unity we all dream about? These concepts are explored in the Bible very early. However, it looks like you missed the point of those lessons in your fervored attempts to attack and belittle the Bible.

      Oh well, it seems that you are just another person who pays more attention to what they can "disprove" than to what they can learn. This is not too uncommon these days.

      Out of sympathy and love I recommend a song to you...It is a stepping stone for some... a stumbling block for others. It is called "Socrates the Python." Check it out. Hopefully you will realize that there is wisdom beyond your understanding in many things (not only the Bible), and that in our day and age all you have to do is read with an open mind and you can posess the potential for enlighenment beyond what all of our predecessors have had as the have not had access to all the texts that we can posess with a ridiculously minimal effort.

      The key, though, is an open mind that is ready to recognize knowledge and truth. Without that even the wisdom of the ages passed from Buddah himself would be worthless.

      --
      When the only tool you have is a claw hammer every problem starts to look like the back of someone's skull.
    28. Re:Searching for Prior Art? by HuguesT · · Score: 1

      As with many things in molecular biology, this is a neat story but probably not quite correct.

      See for example the entry on introns.

    29. Re:Searching for Prior Art? by Anonymous Coward · · Score: 0

      I see nothing forbidden sleeping with step-sisters!

      not that I ever would..

      ok I will shut up now

    30. Re:Searching for Prior Art? by tbannist · · Score: 1

      So what you're saying is the morality is relative and dependent on the current set of rules that God is giving us. So if tomorrow God says "'Thou shalt not kill' is so last millenium, this millenium it will be 'Thou shalt not kill Americans'", it suddenly becomes morally justifiable for the United States to commit genocide against the rest of the earth?

      I know that's a little extreme, but the point is either something is wrong because it is wrong, or it is wrong because God says it is wrong. If you choose to believe the latter case, then genocide and murder becomes justifiable against the enemies of your religion, it is one of the roots of fundamentalist violence and fanaticism.

      --
      Fanatically anti-fanatical
    31. Re:Searching for Prior Art? by Dread_ed · · Score: 1

      The Bible has an answer for you on this. It actually describes the genetic degeneration of the human species over time due to the influence of original sin on the human body. For the early humans interbreeding with sibling partners did not result in genetic defects.

      Consider the scenario of Adam and Eve. Every child they had was a brother or sister. Now also remember that they and their children lived for over 500 years. Also add to the mix that there were no genetic problems resulting from interbreeding between siblings due to the robust genetic qualities of the early humans.

      Why would it be wrong then? If something is wrong because it hurts people (birth defects) and you remove the "hurt" is it still wrong? If something is required to prevent people of a certain type from hurting themselves and other people do not have that same weakness is it right to declare it wrong for both types of people?

      As for the "current set of rules" idea. Have you ever read the Bible? Ever hear of "The Law" or "The Abrahamic Covenant" or "The Mosaic Law?" How about "The New Covenant?" In this case God did exactly what you say is the roots of "fundamentalist violence and fanaticism," namely he changed the rules for what was permissible and what was not.

      Actually, the roots of "fundamentalist violence" are people who believe that their god wants them to kill other people and that they will be rewarded for it. The Bible says no such thing. In fact, it doesn't even say "thou shall not kill" as you misquote. It says "You will not commit murder" which is entirely different.

      To condemn a religious text because it has changes in it that reflect the needs at a certain time in the world's history is to declare that if there is a God He can't think and act in regard to the natural changes of the world.

      Times change, people change, needs and necessities change. One of the principles of God as presented in the Bible is that he provides for mankind. As our needs change He continually finds ways to provide for us that are consistent with His character.

      --
      When the only tool you have is a claw hammer every problem starts to look like the back of someone's skull.
    32. Re:Searching for Prior Art? by tbannist · · Score: 1
      As for you reasoning on the incest thing, nice rationalization, but that's all it is. If Adam and Eve were pure and there was no genetic degredation because of the incestous relationships of them and their children, then why don't people live for a thousand years anymore? No, there are too many discrepencies that require too many rationalizations, it fails the Occam's Razor test. It much more plausible that Exodus is a fable to explain the origin of people, specifically the Jewish people, based on the knowledge of the time.

      Actually, the roots of "fundamentalist violence" are people who believe that their god wants them to kill other people and that they will be rewarded for it. The Bible says no such thing. In fact, it doesn't even say "thou shall not kill" as you misquote. It says "You will not commit murder" which is entirely different.

      Exodus 20:13
      "Thou shalt not kill"
      Ex.32:27
      "Thus saith the Lord God of Israel, Put every man his sword by his side ... and slay every man his brother, and every man his companion, and every man his neighbor."


      Dude, I'm the Athiest here. Maybe you should go back and read your source material before you try to argue about it. The only worse than religious fundamentalists, is ignorant religious fundamentalists. There are other instances (Num 15:35, Sam 15:2-3) where God commands people to kill. Of course, American Christian funamdentalists, would love it to say "You will not commit murder" instead, it would protect them from criticism when they advocate for wars of aggression against other nations.

      In addition, I don't think you understand the core of what I wrote. The issue is whether God's commands are good because "God commands it" or because "God would only command us to do something good". Be careful with the latter interpretation, it goes against official church doctrine because it necessitates an independent moral code that exists outside of God. That admission attacks the heart of the Christian mythos because it means God is no longer omnipotent because he can't change the laws of morality at his whim.

      As long as people believe the first case, then they can easily be swayed to commit factional violence, they are only a command away. Well, in theory anyway, in practice you also have to also defeat the stabilizing influences in the community who will argue against violence and convince people that violence is actually God's command. This is why religiously bakced violence is such a problem in the Middle East, the violence has been going on for so long that in many of the voices that should speak out against violence have been silenced. It also explains why many terrorists are actually middle-class young professionals who have just discovered their religion, they are flush with new pride and a desire to prove their faith but bereft of the calming influence of the religious community.
      --
      Fanatically anti-fanatical
    33. Re:Searching for Prior Art? by Dread_ed · · Score: 1

      The idea of rationalization is not relevant when the reasons and ideas are in the Scripture. The reason that peple don't live for hundres of years is directly related to the influence of original sin on the genetic structure of mankind. It is transferred from the male parent, as an inheritance from Adam. As for Occam's razor, we are talking about the BIBLE here man! The whole thing fails Occams Razor! Golly! :)

      "Maybe you should go back and read your source material before you try to argue about it"

      I was unaware that English was the native language of the ancient people of Judah. Let me check my histories real quick. Hmmm...nope, says her it was a form of Hebrew. Wow! That might change things a bit, don't you think?

      Sarcasm aside, your point about what the "Bible" says on this is exactly what one would expect from an Atheist (no offence meant there, they just usually have no reason to study what the Bible says, for obvious reasons.) You have absolutely no knowledge of the original languages the Bible was written in. If you ask any Hebrew scholar, or someone who has taken Hebrew classes what the text of Exedous 20:13 says they will tell you the word is murder, not kill.

      Also, if you put into google "Exodus 20:13" you will notice that many translations say "Thou shall not kill" and that many also say "You will not commit murder." A brief examination of the sources will lead you to realize that different text comes from different translations. Most of your passages containig the words "Thou" and "shall" or even better "shalt" are from the King James version. Most of the ones saying "You will not commit murder" are from newer translations.

      The differnce is marked in many ways, other than just he content of the text. The King James version is rife with anacronistic terms. For instance, the word "visit" in the language of the King James literally means to beat someone up. It means quite the opposite now. It is obvious how this might make it difficult to understand. This is just one of the problems witht he text of the KJV.

      Newer translations consider modern English a better way to help the reader understand what is actually said in the original languages. Keep to the newer translations and you *might* have a better understanding of what the Bible says, as it is written in the language that you think you are reading. The KJV looks suspiciously like the English of today but it is not. In addition, the newer translations have vastly better soruce material than the KJV. A study of cannonicity and manuscript evidence might be interesting for you, if you are concerned at all with Christian history and the content of the Bible.

      As for the commands of God, just consider that God is the standard by which all things are measured. True morality is only available through God. His commands are good because it is inconsistent with his character to do anything else. God is nothing if not consistent.

      I would also postualte that one of the major problems with the structure of the religion-led violence in the middle east is the fact that they do not posess a structure of systematic theology. The figures that the people rely on to interpret the text are those people who are able to amass a certain measure of influence. In those societies the people who attain those level of influence happen to be ruthless, vicious, and brutal. Therefore, without some systematic theological system as a check on their interpretations, they use the text as another tool to augment their power and influence, and as a weapon to strike their enemies.

      It all somes down to the basic model of subjugation. If you eliminate the freedom and happiness of your people they will yearn for violence. The smart rulers realize that this violence dosen't have to be directed at the ones who are doing the opressing, just at anything at all. Find a convenient scapegoat and your people will latch onto it as the focal point of their hatred. The more the leaders opress, subjugate, and degrade them the more hatred they have to direct at their target. Think of it like a pressure cooker with a tiny hole in the side. The higher you turn up the heat and pressure more violent the reaction out of the hole.

      --
      When the only tool you have is a claw hammer every problem starts to look like the back of someone's skull.
  2. Correction by mopslik · · Score: 5, Informative

    Whoops. I realized after hitting "Submit" that I had mixed the "more than 4000 genes" and "20% of 24000 genes" (=4800) in my percentages. Using 4800 as the estimated number of gene-related patents, more accurate numbers are:

    Universities: 28% of all gene-related patents
    4800*0.28=1344 patents held

    Private firms: 63% of all gene-related patents
    4800*0.63=3024 patents held
    2000/3024 = 66% of all firm-held patents held by Incyte
    2000/4800 = 41.6% of all gene-related patents held by Incyte (not 50% as stated)

    1. Re:Correction by Impy+the+Impiuos+Imp · · Score: 5, Interesting

      On the other hand, in 17 years they will all be free game again. More likely than not not too much will be able to be taken advantage of before then.

      --
      (-1: Post disagrees with my already-settled worldview) is not a valid mod option.
    2. Re:Correction by Neil+Watson · · Score: 2, Funny

      That's OK. You were expecting the editors to actually edit. Then again, this is Slashdot. What were you thinking? :)

    3. Re:Correction by CyricZ · · Score: 5, Insightful

      Unless the patent term is extended some time before then. And then they will still be encumbered.

      --
      Cyric Zndovzny at your service.
    4. Re:Correction by killmenow · · Score: 2, Insightful
      On the other hand, in 17 years they will all be free game again.
      Uhhuh huh uhuh huh huh ... you assume corporate lobbying will not succeed at passing a Sonny Bono Patent Extension Act.

      I, on the other hand...
    5. Re:Correction by slashdotnickname · · Score: 3, Insightful

      So what does having a "gene patent" mean?

      My RNA is transcribing genes all the time into proteins, am I now violating someone's patent? What's the difference between my body using my genes and some machine I create using them?

      This sounds so retarded... must.. control... urge... to cuss...

    6. Re:Correction by killmenow · · Score: 1

      Ya beat me to it! I shouldn't have posted. I could've modded you up.

    7. Re:Correction by MindStalker · · Score: 5, Informative

      Good to see someone asking this question. A gene patent is actually a patent on the method they use to detect the gene (essentially detection is done through a mirror DNA sequence if it sticks its what you where looking for). There really is no patent on that actual gene, but if you can't create this mirror sequence to bind DNA to the detectors there is no real way to do much medical research on it and you have to pay licensing fees to the discover of the gene for the rights to detect and use it. Now know that the patent will end some day.

    8. Re:Correction by Anonymous Coward · · Score: 0
      " Ya beat me to it! I shouldn't have posted. I could've modded you up. "

      Wow man, you're a real hardass! And then you make sure to tell him about it, too!

    9. Re:Correction by BorgCopyeditor · · Score: 1

      Could you develop your own method to detect the same gene? How many distinct methods can there be? Can I patent the licking-your-fingertip-and-holding-it-up-in-the-br eeze method for estimating wind velocity?

      --
      Shop as usual. And avoid panic buying.
    10. Re:Correction by MindStalker · · Score: 1

      Currently there really is only one way that I know of, I'm sure people are working on methods, and you can expect those methods to be patented quickly..

    11. Re:Correction by angle_slam · · Score: 4, Informative

      Unlike the copyright act, the patent term has remained constant for quite a while. The term was 17 years from issuance from 1861 to 1995. The term was changed to 20 years from filing date in 1995, but that change had only a small effect on patent terms because patents can take up to 3 years from filing to issuance.

    12. Re:Correction by BewireNomali · · Score: 1

      Just do R&D in a country that practically ignores patent law.

      China is your friend.

      --
      un burrito me trampeó.
    13. Re:Correction by thedcm · · Score: 1

      GP

    14. Re:Correction by thedcm · · Score: 1

      GP.

    15. Re:Correction by Znork · · Score: 2, Interesting

      China's just playing catchup; when they reach technological parity and surpass the US they'll join the enforcement team and make the current offshoring look like paradise. Imagine the glee with which the future patent holders will suck every drop of available capital out of our insurance systems.

      Intellectual property is in its actual essence a corporate taxation and welfare system without borders. It's rather mindboggling to see elected politicians handing out rights to (foreign) entities to basically tax buisnesses and citizens in the various countries, and to do it without demanding anything in return.

    16. Re:Correction by Sebby · · Score: 1

      Now know that the patent will end some day.

      Yes, but not before some company gets rich by extorting exhorbitant fees to create treatments which the poorest won't be able to afford; they'll then use that money to lobby to have 100-year extensions (renewable every 50 years) on said patent.

      --

      AC comments get piped to /dev/null
    17. Re:Correction by Anonymous Coward · · Score: 0

      It's looking increasingly likely that there are actually fewer than 20000 human genes which means closer to 25% are subject to some sort of patent.

    18. Re:Correction by Fareq · · Score: 0

      It depends... Unlike copyrights, patents actually prevent you from creating a competing invention during the term.

      If you created something that worked on a totally different premise, you'd probably be OK. You'll get sued, but you have a real chance.

      If you created something that worked on a similar premise, but, for instance, used a different mechanism... that's pretty iffy.

      Patents are complicated.

    19. Re:Correction by Viper+Daimao · · Score: 1

      cynical much?

      --
      "In the game of life, someone always has to lose. To me, if life were fair, that someone would always be Oklahoma." -DKR
    20. Re:Correction by Raul654 · · Score: 1

      A gene patent is actually a patent on the method they use to detect the gene (essentially detection is done through a mirror DNA sequence if it sticks its what you where looking for)

      Clarify something please -- is the mirror sequence itself patented, or does the patent only cover the method for constructing the mirror sequence?

      --


      To make laws that man cannot, and will not obey, serves to bring all law into contempt.
      --E.C. Stanton
    21. Re:Correction by Moofie · · Score: 1

      Who are you? Rip Van Winkle?

      --
      Why yes, I AM a rocket scientist!
    22. Re:Correction by rolfwind · · Score: 3, Insightful

      It sounds to me that one method to detect genes in general was found years ago, and all these gene patents are, are obvious (or semi-obvious) extensions/variations to the method.

      Would that be correct or am I missing the boat?

    23. Re:Correction by jZnat · · Score: 1

      If there are thousands of gene-related patents, I'd have to say the mirror sequence is...

      --
      'Yes, firefox is indeed greater than women. Can women block pops up for you? No. Can Firefox show you naked women? Yes.'
    24. Re:Correction by Anonymous Coward · · Score: 0

      can you blame the PP?

    25. Re:Correction by Punchcardz · · Score: 1

      The method to make the little snippets of mirror DNA has been arround forever. But figuring out which PARTICULAR snippet of mirror DNA detects a given gene is the hard part.

    26. Re:Correction by espressojim · · Score: 2, Informative

      Are we talking positional cloning of genes?

      Now, we 'detect genes' by a few methods: heuristics that look for sequence characteristics (ATG starts, open reading frames, GC content, etc), and use the sequences of other organisms to look for higher than normal conservation between genomes to indicate that these regions are mutating more slowly than chance (under selection.)

      I work at the Broad institute, and we just had our yearly retreat this year. One of the amusing things that's come out recently: we've got about 2K-3K 'genes' annotated for the human genome that probably aren't there, according to new data and detection.

      Not many genes are found by positionally cloning anymore. It's difficult, time consuming, and used to be 'the task' that PhD students would get stuck doing.

      Besides all this, you can't patent genes, just methods on/using them. And there's lots of room for me to have a drug that works better on you because you have a mutation on a gene, and you can get a detection method for a disease, etc.

      I'd guess this is most likely complete fear mongering, and if it was a "CS Technical" discussion, people would recognise it as such.

    27. Re:Correction by ArAgost · · Score: 1

      And you are expecting a /. user to think. What are you th... err... trying to do?

    28. Re:Correction by T'hain+Esh+Kelch · · Score: 0

      This is also called a "Primer", which is what you patent.

      But I dont think that'll do anywhere in court, since its something which belongs in your body anyway as "RNA-like strands" in DNA. But hey, the world is a strange place!

    29. Re:Correction by cas2000 · · Score: 2, Interesting

      pharmaceutical companies have avoided the need to purchase^Wlobby for extensions of patent law terms by use a technique called 'evergreening' - they just apply for a slightly different patent for the same chemical or gene, shortly before the current patent is due to expire.

      a patent can be kept "valid" for decades in this way.

      try a google search for "+patent +evergreen" for more info.

    30. Re:Correction by Billly+Gates · · Score: 1

      A gene patent is used for the purpose of overcharging for prescription drugs by the pharmaceutical industry and to lock out competitors.

      For example let's suppose a particular gene is discovered that produces proteins which aid cancer? Company A owning the patent on that gene could develop the drug for $1000 a dose in order to combat the protein causing the cancer to spread. As a consumer you have no recourse as any other drug targeting that gene can not be developed because company A owns part of you so to speak.

      In other words it's a form of slavery! I find it horrific that genes can be patented at all. At first only actual inventions could be patented, then it's the designs, then it was concept, and its generic objects. It's no different than patenting copyrighted text and cooking recipes at this point and only affirms why the patent system needs to be redone.

    31. Re:Correction by Haeleth · · Score: 1

      Just do R&D in a country that practically ignores patent law. China is your friend.

      China certainly doesn't "practically ignore" patent law. Last time someone brought this up here, I googled around, and in less than five minutes I'd found numerous cases of Chinese courts ruling against Chinese companies that were violating patents held by US companies. I can't be bothered to do it again, but if you look, you will find.

    32. Re:Correction by smallfries · · Score: 1

      So what does a patent on a gene actually grant the holder? Surely it cannot cover all possible uses of that gene, as then they are patenting the discovering of a particular preexisting sequence. A patent has to have some element of invention in it, so is it the use of a particular gene to do X? Are all of the genes in the patents unique or is there some element of crossover, eg one patent on gene X to do Y with another patent on gene X to do Z?

      --
      Slashdot: where don knuth is an idiot because he cant grasp the awesome power of php
    33. Re:Correction by russotto · · Score: 1

      Err, my double-helical DNA sequence contains all those mirror DNA sequences too. I'm 33; any patents on my genes would have run out a while ago.

  3. So.... by i.r.id10t · · Score: 5, Funny

    So... which one of us meat popsicles gets to claim "prior art" first?

    --
    Don't blame me, I voted for Kodos
    1. Re:So.... by Ironsides · · Score: 1

      Adam and Eve?

      --
      Fly me to the moon Let me sing among those stars Let me see what spring is like On jupiter and mars
    2. Re:So.... by Dark+Paladin · · Score: 1

      Wait - wouldn't that mean the Intelligent Designer would actually claim Prior Art then?

      PS: Love your sig. I have a copy of the song sung by the Eva cast out on a street corner. Pretty cool.

    3. Re:So.... by RandoX · · Score: 1

      Wait until they try to patent poultry genes. That way when you start looking for prior art you can claim both the chicken and the egg.

    4. Re:So.... by xero314 · · Score: 1

      I don't think we should have to worry about the prior art issue. I think that most common uses of genetics would be covered by fair use laws. I mean unless you plan on selling parts of yourself or your offspring that is.

    5. Re:So.... by ArsonSmith · · Score: 1

      "...poultry genes."

      Why did I have images of chickens wearing pants???

      --
      Paying taxes to buy civilization is like paying a hooker to buy love.
    6. Re:So.... by dpilot · · Score: 1

      An "intelligent" designer would know that patenting genes is STUPID, and that to really enforce your patent you have to take every mother to court for infringement.

      --
      The living have better things to do than to continue hating the dead.
    7. Re:So.... by sconeu · · Score: 2, Funny

      Did you hear about the genetic researcher who sued her facility for sexual harrassment?
      Apparently the horny director kept trying to get into her genes...

      --
      General Relativity: Space-time tells matter where to go; Matter tells space-time what shape to be.
    8. Re:So.... by thedcm · · Score: 1, Informative

      LOL!

    9. Re:So.... by thedcm · · Score: 1

      LOL

  4. God has priort art by NFN_NLN · · Score: 2, Funny

    God has prior art, their patents are invalid.

    1. Re:God has priort art by Anonymous Coward · · Score: 0

      Prove it.

    2. Re:God has priort art by Anonymous Coward · · Score: 0

      Believe it or not, they will sue the Lord for violating their patents.
      Or put it another way, they will start collecting patent license fees from pregnanted women.

  5. Wait wait, what the hell? by InsideTheAsylum · · Score: 3, Interesting

    I thought it was a joke that you can patent genes, but I guess it's for real? Wow, that's a real shocker, but it brings up a question, how can you patent something that you didn't invent and what can you do with this patent? Does this mean that 28% of my er.. body belongs to someone else?

    Basically a dumbfounded, "Wh...whaaaaat?"

    1. Re:Wait wait, what the hell? by einhverfr · · Score: 1

      I could see specific applications of using genes in specific ways being patented but the genes themselves? THese seems especially dangerous.

      Will parents be sued for producing works which infringe on these patents?

      1) Patent human genes
      2) Sue Execs from large companies for the crime of having children.
      3) ???
      4) Profit?

      --

      LedgerSMB: Open source Accounting/ERP
    2. Re:Wait wait, what the hell? by Locke2005 · · Score: 2, Funny

      It means your mom is in serious trouble if she doesn't shell out licensing fees! Will we see a new RIAA-like organization suing EVERYBODY for violating these patents?

      --
      I've abandoned my search for truth; now I'm just looking for some useful delusions.
    3. Re:Wait wait, what the hell? by InsideTheAsylum · · Score: 1

      *Looks at his hand* I just violated a plethora of patents, didn't I? Illicit copying of copyrighted works! Yikes!

    4. Re:Wait wait, what the hell? by cpu_fusion · · Score: 5, Funny

      Clippy: I see you are trying to apply logic to the patent system.
      Would you like to:
      1. Take bong hits until this makes sense
      2. Shoot self to save time
      3. Hey look over there, a shiny pebble!

    5. Re:Wait wait, what the hell? by gid13 · · Score: 1

      News flash, the US patent system is so broken it's not even funny. Let's not forget they allowed Amazon to patent one-click-shopping.

    6. Re:Wait wait, what the hell? by blindbat · · Score: 1

      Get married and its a lot more than 28% that belongs to someone else.

    7. Re:Wait wait, what the hell? by pmike_bauer · · Score: 1

      Does this mean that 28% of my er.. body belongs to someone else?
      Yes; and you are free to license it for $300 per year.
      To fend off diseases in our 28%, you may be interrested in subscribing to our protection plan.

      --
      I read /. for the (Score:-1, Conservative) comments.
    8. Re:Wait wait, what the hell? by Shakrai · · Score: 1

      Illicit copying of copyrighted works! Yikes!

      It's only copying if you have sex that leads to reproduction.

      Obviously this subject is totally irrelevant to Slashdot readers and a waste of front page space. Must be a slow news day.

      --
      I want peace on earth and goodwill toward man.
      We are the United States Government! We don't do that sort of thing.
    9. Re:Wait wait, what the hell? by arkham6 · · Score: 5, Informative

      When I was taking a business trip once, I sat next to a man who turned out to be a lawyer for a biochemical company. How he explained this to me was that the genes that are being patented are not the 'native' gene that is in every human,but a 'purified' version of the gene that has extranious garbage taken out.

      So CGDAAADAACG that you may find in nature, you get CGAAAAACG, since the D enzyme are considered garbage in this example.

      I asked him if they really knew that the D enzyme was really garbage, and he said that they did not, but they were fairly confident it didnt do anything.

    10. Re:Wait wait, what the hell? by Shakrai · · Score: 1

      but they were fairly confident it didnt do anything

      Cue footage of horribly disfigured clone.... "Kill me....... kiiiiiilllll me."

      --
      I want peace on earth and goodwill toward man.
      We are the United States Government! We don't do that sort of thing.
    11. Re:Wait wait, what the hell? by confusednoise · · Score: 5, Funny
      If you have a "D" in your nucleotide sequence, I suspect you have bigger problems than just patent issues ;-)

      Hint: The only bases in use in Earth DNA are Adenine, Cytosine, Guanine and Thymine (ACGT).

    12. Re:Wait wait, what the hell? by Marc+Desrochers · · Score: 2, Informative

      I always thought patents applied to inventions, not discoveries.

      ...shows what I know I suppose.

    13. Re:Wait wait, what the hell? by bombadillo · · Score: 1

      how can you patent something that you didn't invent and what can you do with this patent?

      It's not that hard.... Just ask the native american indians how they feel about Europe's "Discovery" of the new world.

    14. Re:Wait wait, what the hell? by bfields · · Score: 1
      Does this mean that 28% of my er.. body belongs to someone else?

      Presumably the patents are phrased in such a way that they effectively give the holders monopolies on the commercial exploitation of those genes without claiming the right to demand permission for anyone's cells to continue transcribing their own DNA....

      In some ways this makes more sense to me than software patents: we granted these temporary monopolies in order to encourage the (large) investment required to produce the gene data. By comparison it requires little or no effort to come up with something like one-click shopping, so it shouldn't require special incentives to encourage that kind of work.

      --b.

    15. Re:Wait wait, what the hell? by nofx_3 · · Score: 1

      That gives new meaning to the term "derivative works".

      --
      Visualize Whirled Peas
    16. Re:Wait wait, what the hell? by Anonymous Coward · · Score: 0

      Hint: I think he meant the "D" as a placeholder, though perhaps it would have been more obvious if he'd used "X" instead.

    17. Re:Wait wait, what the hell? by Mistshadow2k4 · · Score: 1

      I hereby patent houses! Okay, guys, I only want $20 from each and every person who lives in a house. It's just a small one-time fee. Pay up!

      I'm also going to patent feet. Remember "I'll tax your feet"? Well, good news, it's only a $1 a year from everyone who has feet.

      And while I'm at it, maybe I'll patent eyes, and ears, and sex, and....

      --
      I dream of a better world... one in which chickens can cross roads without their motives being questioned.
    18. Re:Wait wait, what the hell? by sbillard · · Score: 4, Funny

      1.

    19. Re:Wait wait, what the hell? by Bluetick · · Score: 1

      Someone will probably correct me on the specifics, but yes. This all started in about 1980 when a company tried to patent a bacteria. The patent office originally refused the patent stating that it was clearly in their own rules that they couldn't grant patents to living organisms. The company decided to take the patent office to court. It went to the SCOTUS and they agreed with the company forcing the patent office to grant them a patent. So yeah, this is nothing new. Repugnant all the same though.

    20. Re:Wait wait, what the hell? by Anonymous Coward · · Score: 0

      My bio teacher taught it as CGTA, or rather CG T&A.
      Which coincidentally is how they go together anyway.

    21. Re:Wait wait, what the hell? by gvibes · · Score: 1

      And it's easy to remember too. Just take all the letters from "Gattaca."

    22. Re:Wait wait, what the hell? by Anonymous Coward · · Score: 0

      Name three differences between an invention and a discovery.

    23. Re:Wait wait, what the hell? by amliebsch · · Score: 1

      Additionally, don't forget that Bill Gates gets half.

      --
      If you don't know where you are going, you will wind up somewhere else.
    24. Re:Wait wait, what the hell? by rava · · Score: 1

      How does this get moderated as 'funny' ? this is the most informative piece in the whole thread..

      --
      {Science sans conscience n'est que ruine de l'âme}
    25. Re:Wait wait, what the hell? by MHobbit · · Score: 1

      As stated above your post, the method of detecting the gene(s) is the thing being patented, not the gene itself.

      http://yro.slashdot.org/comments.pl?sid=165331&cid =13793381

      --
      Debugging? Klingons do not debug. Bugs are good for building character in the user.
    26. Re:Wait wait, what the hell? by Daverd · · Score: 1

      So CGDAAADAACG that you may find in nature, you get CGAAAAACG

      I want to play my entire DNA sequence on my piano.

    27. Re:Wait wait, what the hell? by Rev.LoveJoy · · Score: 1
      Slashdot was so much better before all DNA nazi's started taking the place over and correcting all of our posts...

      Cheers,
      -- RLJ

    28. Re:Wait wait, what the hell? by Anonymous Coward · · Score: 0

      You laugh, but unless we do something to discourage this right now I guarantee someone will try it.

    29. Re:Wait wait, what the hell? by z0idberg · · Score: 2, Funny

      If you have a "D" in your nucleotide sequence, I suspect you have bigger problems than just patent issues ;-)

      If you've got it I suggest you patent it before someone else grabs it !

    30. Re:Wait wait, what the hell? by Anonymous Coward · · Score: 0

      1. a discovery already exists while an invention is new

      2. discovery has a TV channel named after it

      3. invention starts with i, discovery with d

    31. Re:Wait wait, what the hell? by Moofie · · Score: 1

      Your piano goes to T? Wow.

      --
      Why yes, I AM a rocket scientist!
    32. Re:Wait wait, what the hell? by Lehk228 · · Score: 1

      you get the "most important post of the thread" award

      --
      Snowden and Manning are heroes.
    33. Re:Wait wait, what the hell? by Anonymous Coward · · Score: 0

      Gross, man. Clean the genetic material off your hands before posting on Slashdot, would ya?

    34. Re:Wait wait, what the hell? by WiggyWack · · Score: 1
      If you have a "D" in your nucleotide sequence, I suspect you have bigger problems than just patent issues ;-)

      Wow, only on Slashdot would that be considered "Funny". We are dorks.

      --
      Macintosh humor! MacComedy.com
    35. Re:Wait wait, what the hell? by DianeOfTheMoon · · Score: 1

      Maybe that's why they think it's garbage?

      --
      Problems are like gifts, it's better to give than to receive
    36. Re:Wait wait, what the hell? by deblau · · Score: 1

      Think of it this way: if you take a cell's DNA and run it through the protein ringer, zillions of proteins will pop out. One of them will be one you want (the Good protein), the other zillions will be ones you don't want (the Bad ones). Some of the Bad ones may even prevent your gene from expressing, or destroy your protein, or mess with its kinetics, or reduce its effectiveness, etc etc etc. That sucks. But if you figure out a way to isolate just the Good gene that makes the Good protein, now you don't have any of those problems any more. That's damn useful, and that's why genes are patentable.

      --
      This post expresses my opinion, not that of my employer. And yes, IAAL.
    37. Re:Wait wait, what the hell? by jc42 · · Score: 1

      The only bases in use in Earth DNA are Adenine, Cytosine, Guanine and Thymine (ACGT).

      So why would you assume that people posting here only have Earth DNA?

      --
      Those who do study history are doomed to stand helplessly by while everyone else repeats it.
    38. Re:Wait wait, what the hell? by ricosalomar · · Score: 0

      Don't tell uracil.

  6. I may just be me, but... by Nom+du+Keyboard · · Score: 4, Insightful
    I don't think such patents should be allowed. It's like a company owning a piece of me -- and I wasn't even paid for it!

    The only reasonably good news is that such patents should expire, and when they do they can't be re-patented again. But given the dismal record of extending copyrights well beyond the time of anyone living today, can patents be far behind?

    --
    "It's the height of ridiculousness to say for those 9 lines you get hundreds of millions."
    1. Re:I may just be me, but... by putko · · Score: 1

      I don't think such patents should be allowed. It's like a company owning a piece of me -- and I wasn't even paid for it!"

      Actually, you should just be glad that they won't be like the parasires from the RIAA and sue you for patent infringement. Trillions of acts of patent infringement -- one for each act of transcription. It all adds up.

      --
      http://www.thebricktestament.com/the_law/when_to_s tone_your_children/dt21_18a.html
    2. Re:I may just be me, but... by dgatwood · · Score: 1
      No, it will be parasites like Monsanto that sue a farmer because their GM crops' DNA ended up in that farmer's field through cross-pollenation and that farmer didn't pay them protection money^w^w^w^wbuy the seeds from Monsanto.

      Of course, most folks on Slashdot probably don't care about their genes being owned by someone else, as their likelihood of cross-pollenating with anyone is pretty low, but....

      --

      Check out my sci-fi/humor trilogy at PatriotsBooks.

    3. Re:I may just be me, but... by bentcd · · Score: 1

      I don't think such patents should be allowed. It's like a company owning a piece of me -- and I wasn't even paid for it!

      I don't know . . . with just a little legislation, this can turn out alright. We need to start making patent holders responsible for the correct functioning of their inventions. Then we can sue them for all of our genetic defects :-)

      --
      sigs are hazardous to your health
    4. Re:I may just be me, but... by putko · · Score: 3, Informative

      You use the future tense, but that's already happened, right?

      --
      http://www.thebricktestament.com/the_law/when_to_s tone_your_children/dt21_18a.html
    5. Re:I may just be me, but... by dgatwood · · Score: 1
      Not for human genes, to the best of my knowledge.

      --

      Check out my sci-fi/humor trilogy at PatriotsBooks.

    6. Re:I may just be me, but... by sethaw · · Score: 1

      The only reasonably good news is that such patents should expire, and when they do they can't be re-patented again. But given the dismal record of extending copyrights well beyond the time of anyone living today, can patents be far behind?

      Yes patents can be far behind because they are very different from copyrights.

      From a political perspective, copyrights have been extended because big corporations like disney have lobbied to keep their copyrights. There aren't any major corporations that stand to gain anything by fighting them. The only people that lose out are little companies and individuals. With patents its completely different. If the patent is needed by another company they have to pay licensing fees which they will do their best to avoid. If someone tries to extend the patent then this company will fight the legislation to extend it. Also if the patent is on something really useful, many different companies in the industry will need it. In the end you will have many corporations who won't want patents extended because its not to their advantage and a few who will want it extended. The result will end up being that nothing will happen.

      Also patents help small organizations from having their ideas stolen from larger more funded organizations. Longer patents make this harder for them to do this. This is a partial reason for why microsoft came out saying a few days ago that it was against some patents

    7. Re:I may just be me, but... by putko · · Score: 1

      I was thinking of this: http://www.percyschmeiser.com/conflict.htm

      You mentioned farmers/seeds, so I didn't get that you were still talking about humans. I figure a lot don't know about Percy Schmeiser. From that article:

      "In my case, I never had anything to do with Monsanto, outside of buying chemicals. I never signed a contract," Schmeiser says. At the end of the first suit, Schmeiser says he will pursue a second lawsuit he filed last fall against Monsanto for contaminating his seed.

      One way the human patented genes thing could play out is if some company did gene therapy on you -- giving you patented genes, perhaps to cure an illness. Suppose the "fix" even gets into your sperm. Then you have kids, and pass on the patented genes -- well, it is time to pay up for your infringement.

      --
      http://www.thebricktestament.com/the_law/when_to_s tone_your_children/dt21_18a.html
    8. Re:I may just be me, but... by Anonymous Coward · · Score: 0

      Percy Schmeiser is a liar, pure and simple. There's a reason the Supreme Court of Canada ruled against him.

      Here's the chronology:
      1) He sprayed the ditch with roundup to kill weeds
      2) He noticed that large patches of canola survived (roundup ready canola)
      3) He harvested the seeds, knowing what it was
      4) He stored them, seperately, over winter
      5) He planted them, seperately, in the spring

      This is the testimony of a farm hand. Do you really think he'd get something like 95% purity of RR canola in his fields without trying? Seeds blowing in the wind wouldn't get 5%.

      This is analogous to downloading music, and then ***using it for commercial purposes.***

    9. Re:I may just be me, but... by afaik_ianal · · Score: 1

      I don't think such patents should be allowed. It's like a company owning a piece of me -- and I wasn't even paid for it!

      For the last time people, they are not patenting the DNA that exists in your body, or your bodies ability to reproduce cells with those genes. They are patenting methods and technologies _related_ to those genes: Methods for testing the existence of that gene, methods for manipulating that gene, etc.

      Unless you happen to be a large biotech company, these patents are unlikely to have any noticable impact on you.

      Regarding patent expiry, utility patents have always been 20 years in the US, haven't they? Copyright and Patent law are very, very different, and I am not aware of anything suggesting they are planning on extending the term of any patents. Like many people, I believe that software patents should be a lot shorter than 20 years, but that is another matter entirely.

    10. Re:I may just be me, but... by Billly+Gates · · Score: 1

      The industry is not patenting methods but how the gene works.

      They want to lock out competitors and charge you thousands of dollar for drugs that your body needs because geneX is responsible for your problem. Its a way for them to screw you.

    11. Re:I may just be me, but... by afaik_ianal · · Score: 1

      But this is just more of the same misinformation. How would patenting "how the gene works" have any affect on medicine. They could patent a method for producing a synthetic drug that has the same effect as a gene.

      Without financial incentives for doing the (extremely expensive) research required to produce these drugs, the drugs would not be invented for at least the life of the patent. These are not obvious inventions. They are not just reporting their observations of how a naturally occuring chemical works (if they did, then the patent would fail the utility test).

      Yes - patents lock out competitors (for up to 20 years): That's the whole point. After the patent expires, the invention then becomes public domain.

      I would rather have the drugs invented now, and pay more for them for the next 20 years, than wait a couple of decades or more hoping that some kind soul donates millions of dollars of research to the good of the community.

    12. Re:I may just be me, but... by mpe · · Score: 1

      Also patents help small organizations from having their ideas stolen from larger more funded organizations.

      In theory. In practice the larger entity can just pay lawyers to spin out the case until the smaller entity either runs out of money or gives up.

    13. Re:I may just be me, but... by putko · · Score: 1

      Thanks for that info!

      I didn't see that in my quick research on that case. I can imagine the pro-Percy folks want to keep a big fucking lid on that, because it makes him look like a sneaky bastard.

      But there's still a general problem with Monsanto's tech (as opposed to music downloads) -- it is possible for someone like Percy to just "find" it on his property, because the pollen blows around. Bootlegged music doesn't just find its way on to my harddrive, and settle in amongst the legally copyrighted stuff.

      So someone who doesn't even want that stuff gets it.

      In the case of the humans, suppose a guy gets some gene therapy. He impregnates an unsuspecting woman. Then the gene company sues the woman or woman's kid, because the kid has the patented genes.

      --
      http://www.thebricktestament.com/the_law/when_to_s tone_your_children/dt21_18a.html
  7. WTF?!??! by ploafmaster+general · · Score: 1

    How is it fair to patent a human gene? Does somebody owe royalties on the patent for the eyelash, too? Maybe I'll go patent helium, while we're at it.

    --
    It's "PLOAF," not "P-LOAF." Ask about it.
    1. Re:WTF?!??! by Ced_Ex · · Score: 1

      How is it fair to patent a human gene? Does somebody owe royalties on the patent for the eyelash, too? Maybe I'll go patent helium, while we're at it.

      Helium? Why are you being half-assed about it? Patenting Carbon would be the way to go!

      --
      Live forever, or die trying.
    2. Re:WTF?!??! by JustOK · · Score: 1

      dibs on silicon

      --
      rewriting history since 2109
    3. Re:WTF?!??! by Senzei · · Score: 1

      That is all fine and good, but you all will have to pay royalties for my proton and electron patents.

      --
      Slashdot: Where anecdotes and generalizations can be freely substituted for facts, logic, or intelligence
    4. Re:WTF?!??! by Anonymous Coward · · Score: 0

      Yeah. Right. I've got the paperwork right here for the Weak Atomic Force, the Strong Atomic Force, and Magnetism. My brother got Gravity. All your universe are belong to us.

  8. genetic domain by Broken_Ladder · · Score: 1

    I'd call human genes a part of public domain. I'll be suing if anyone tries to patent the gene that gives me my trademark snorty laugh that the ladies love so much.

    1. Re:genetic domain by Anonymous Coward · · Score: 0
      snorty laugh that the ladies love so much.

      This is /.

      i guess by ladies you meant your mom and aunties...

  9. Expiration? by gr8_phk · · Score: 4, Insightful

    Given the amount of time it will take to really grasp how all these genes and things play together, the patents could mostly be expired by the time the innovation comes. Yeah, I know they'll extend them forever like copyrights at some point. Say it with me... P.T.O must Go. P.T.O must Go.

    1. Re:Expiration? by Anonymous Coward · · Score: 0

      They'll only extend patent rights if Walt Disney springs from the grave thanks to a patent on the immortality gene...

    2. Re:Expiration? by The+Evil+Couch · · Score: 1
      P.T.O must Go. P.T.O must Go.

      Throw in a "Hey! Hey! Ho! Ho!" and I'm in!

  10. God to Satan by pottymouth · · Score: 1



    Somewhere in Hell....

    Ring, Ring...

    Hello...
    Hello Satan?
    Yeah...
    This is God, I've got a little patent law thing I need you to look into for me...

  11. BS by Anonymous Coward · · Score: 0

    This is such bullshit. NO ONE should have that kind of power over the human genome. That kind of power is also power over humanity, and it's future, itself.

  12. How? by Anonymous Coward · · Score: 0

    How can anyone have a patent on a human gene? They didn't invent it! What's next I'll receive a summons in the mail for a lawsuit for using their gene without permission?

  13. Just circumvent the patent by Anonymous Coward · · Score: 1, Informative

    http://science.slashdot.org/article.pl?sid=02/06/1 8/2018252&tid=155&tid=14

    This will work until the GIAA (Genetics Industry Association of America) successfully lobbies for the GMPA (Genetic Millenium Patent Act).

  14. I hope the gene for... by Anonymous Coward · · Score: 0

    ...extremely high intelligence isn't patented, 'cause I'd have to start paying royalties. The /. editors are safe, though.

  15. So...... by FamineMonk · · Score: 1

    does this mean that people are breaking Patented laws when they have kids? How can you patent something as basic as the basis of the human body?

  16. Turn the tables... by zwilliams07 · · Score: 1, Informative

    I'm going to patent idiocy, stupidity, and retardation. USPTO will owe me billions! Bwahahahahaha....

    1. Re:Turn the tables... by marcantonio · · Score: 1

      Unfortunately the prior art on that one is more prevalent than the fools trying patent genes. Oh wait... I get it now.

    2. Re:Turn the tables... by donutz · · Score: 1

      I'm going to patent idiocy, stupidity, and retardation. USPTO will owe me billions! Bwahahahahaha....

      if you refine that to be idiocy, stupidity, and retardicity, I think you'll have a good chance at getting that patent. They award patents based on rhyme, not reason, right?

    3. Re:Turn the tables... by StalinsNotDead · · Score: 1

      I'm going to patent idiocy, stupidity, and retardation. USPTO will owe me billions!

      So will slashdot.

      --
      Thanks to the internet, we can now all die alone together! -SomeWoman
    4. Re:Turn the tables... by DarKnyht · · Score: 1

      I believe most of Hollywood could claim prior art on you.

      --
      Voting them all out of office, now that's change I can believe in.
  17. Sorry guys by kerohazel · · Score: 1

    God claims prior art.

    Isn't this whole business rather ridiculous? Last time I checked you couldn't patent feathers or sweat glands.

    --
    Skype is too convoluted... Now I'm reverse-engineering the Kyoto Protocol.
    1. Re:Sorry guys by Anonymous Coward · · Score: 0

      I heard two other guys named Allah and Buddah had dibs as well.

  18. Except by Anonymous Coward · · Score: 0

    That only works if there actually is a God.

    THEREFORE

    The most effective thing for groups such as the EFF which oppose the abuse of intellectual property law to do would be to... throw their support behind Creationism.

  19. You know that seen in Fight Club? by AlltheCoolNamesGone · · Score: 1

    The one where he blows up some credit reporting agencies offices.

    I've come to wish that on the U.S. Patent Office....

    Sure it won't solve the problem, hell they might even have back up files somewhere (who knows it's the federal government)....

    --
    M$ it's whats for diner!!!!!
  20. Sure it costs money by Anonymous Coward · · Score: 0

    for all the research and development, but it would also cost money to transport 1000 slaves across an ocean. Doesn't mean you can claim them just because you paid for them.

    I don't mind the patents so much as long as the government intervenes and suspends the patent if things got out of hand. If there is some virus that only affects someone with a certain gene and everyone who has this gene is going to die from out outbreak, the government has a right to step in if the patent holder decides to squeeze every penny out of the patent knowing people know they'll die if they don't receive the treatment.

    1. Re:Sure it costs money by Anonymous Coward · · Score: 0

      The problem though with patents is that, unlike copyright law, "fair use" standards do NOT apply (unlike what many people think). Patents are held to a different set of rules than copyright generally and the federal laws are different; fair use is generally not included.

      This results in numerous problems, since the letter of the law with patents includes the wonderfully short legal word "use." Use of a patent can be evidence alone to constitute infringement. No exceptions, not even research.

      This does get confusing, because the legal recourse to enforce patent law is more like tort and recovering damages, aka civil court. You might infringe on a patent (knowing or not), but if the holder does not care (or know), they won't sue. But they might. And they may wait for you to build up market share before they pounce (see what Kodak did to Sun regarding Java). And every patent is different and hence subject to whatever licensing or permissions the holder may want.

      This has impacts in a couple of obvious ways:
      * Scientific veracity--replicating results to verify a study's claims. If you want to verify results of which a technique is used or the product of the study of which is patented, technically, you have to get permission just to run or use whatever the patent covers. That said, most patent holders don't care, since there is no money involved if their research isn't verified, and it's generally unspoken to simply go ahead and see if their results stand. However, it isn't too far of a stretch to see how, if you come up with counter results, you could get slammed with a suit.

      * Esp. with the previous, patents chill research. I have a couple of friends pursuing PhDs in chemistry or biochemistry, and both have noted areas their labs supposedly have not investigated because of patented techniques.

      I've run into this myself given that a couple of ideas I have for equipment actually ended up running into two NASA patents (frm Goddard); to get permission to use them, I have to freaking apply. So I contacted the appropriate contact listed via the requested channel (sort of odd, he liked email), and by the time I got the application (not permission), more than 3 months had passed. After application submission, there is review, consideration--and that was just to *use* a damn thing. I gave up for the time being and haven't revisited the issue with them since (2.5 years ago or so) but I liekly will; one of the patents I've somewhat managed to work around (at a six figure equipment cost but that's okay, the new way is standard and better), the other does not seem possible and I will likely have to revisit the whole applications process.

      * It raises the cost of research--many of the commercial kits are patented. This isn't so much an issue with me per se, but given some of the prices of the kits I've seen, holy *#!$@.

      These are just from the top of my head. The main point to emphasize though is that patents do not just impact the very end result as you noted re an outbreak; they could stop the research that might have led to stopping the outbreak in the first place and many times hinder further refinements. The only "break" you get is the ignorance of the patent holder and the vast amount of patents out there; you likely will not get noticed or anyway care unless there is some good dough ($$$) involved. That said, that's still not the way to run things if you want people to get involved in research and technological improvement and still get paid.

  21. Gene Patent by Grax · · Score: 1

    A good idea to patent genes. Let's think of what other things that already exist can be patented. Has anyone patented breasts yet? Cause I think they're the next big thing.

    1. Re:Gene Patent by arkanes · · Score: 3, Informative

      It's not quite the same. They're patenting a mechanism that is required to manipulate that gene. I'm not sure if theres an obvious analogy thats not "they're patenting the gene". From a purely conceptual standpoint, it's similiar to patenting mathematical functions. No, the numbers themselves are not patented, but the mechanisms by which you can manipulate the numbers are.

    2. Re:Gene Patent by zopf · · Score: 1

      That's actually a really interesting idea that serves as a good analogy through which to examine the situation. What if mathematicians had and could have patented their methods as they created them? If Isaac Newton could have patented calculus and licensed it out to those who needed it, where would math be today? Will these new patents have a similar effect on gene research?

      --
      Did you see the pool? They flipped the bitch!
  22. Facts? by Puls4r · · Score: 4, Interesting

    What ever happened to the idea that you can't patent facts? Discovering WHAT they do doesn't mean you invented them.

    If I discover a new element, can I patent it? Can you imagine if someone patented, say, Gold?

    1. Re:Facts? by kerohazel · · Score: 1

      I know... how about someone patents the IDEA of patenting! Then you can revoke the right to pantent for anyone else down the line.

      --
      Skype is too convoluted... Now I'm reverse-engineering the Kyoto Protocol.
    2. Re:Facts? by Mostly+a+lurker · · Score: 1

      I think, if you tried to pin them down, they would say God created a prototype but they improved it by removing unnecessary elements.

    3. Re:Facts? by Hurricane78 · · Score: 1, Funny

      YES, YES! This is it! ;)

      Let's patent all the most basic things like
      - having an idea
      - physical forces
      - elementar particles

      well... the last two would be enough, but maybe those creatures that are looking like humans and patent such stuff or allow it to be patentet aren't even in our known rules of physics. so let's patent evilness right away, and we're done! :)

      --
      Any sufficiently advanced intelligence is indistinguishable from stupidity.
    4. Re:Facts? by lowe0 · · Score: 1

      Simple answer: only allow patents for MODIFIED genes that actually do something. Furthermore, make it so only an exact duplication of a patented gene sequence is valid. That way, people will restrict their patents to the valid section, and someone who finds another way to achieve the same goal can patent that as well.

      No, this isn't perfect, as genes are likely far more finicky than my idea takes into account. However, it's better than what we've got.

    5. Re:Facts? by Anonymous Coward · · Score: 0

      If someone discovered gold then no, they couldn't patent it.

      But if someone discovered a new process that makes use of gold to reduce the power consumption of CPUs then that probably would be patentable. It's the same with genes - you can't patent the actual gene itself, but you can patent a process of using that gene outside the body. Thus why some genes have 20 different patents on them desribing 20 different ways in which these genes can be used.

      Don't get me wrong, the patents are probably still overly broad, but it isn't as though these companies own parts of you.

    6. Re:Facts? by Feanturi · · Score: 1

      You can't patent the ownership of gold, or the general activity of mining it, so no big problem there. But you could patent a particular method for mining gold, involving a technique that is somehow superior to current methods. Or maybe, a method of using particle accelerators or whatever to make it out of lead. This doesn't really change what gold is, and who can have it. I think the two examples I give are reasonable patents.

      But I do agree that it's stupid to place ownership on the discovery of a particular sequence of *anything*, that was always there for anybody to find if they were looking in the right place. Possible patent: "A method for finding out where the bit is that makes you have a lot of nose hairs". It's stupid because it stifles growth and further discovery, and it's just a money-maker. Yeah these researchers have to get paid and all that, but not this way.

    7. Re:Facts? by Highrollr · · Score: 1

      What ever happened to the idea that you can't patent facts?

      Pretty close. The basic idea is that you can patent "anything under the sun made by man." So you can't patent a law of physics or whatever, even if you discover it, because you didn't make it. You just found it.

  23. When my cells divide... by rthille · · Score: 1

    Do I violate their patent by copying my genes? I don't understand the concept. I don't think I'm stupid but I can't see how people can support the idea of patenting a series of neucleotides which have been produced by humans for thousands of years. What's really being pattented here?

    --
    Awesome furniture, accessories and cabinetry in Santa Rosa, CA: http://humanity-home.com/
    1. Re:When my cells divide... by Conspiracy_Of_Doves · · Score: 0, Flamebait

      a series of neucleotides which have been produced by humans for thousands of years

      Millions

    2. Re:When my cells divide... by fimbulvetr · · Score: 1

      Thanks. Flamebait or not, it had to be done.

    3. Re:When my cells divide... by rthille · · Score: 1

      Well, yes. I'm certainly no creationist (I'm a Dawkins loving atheist :-), but I would rather err on the 'safe' side, given I don't know which genes were being patented and their stability in the gene pool. I suppose that a certain gene could have been the result of a mutation in the individual being examined. That is, it could be a brand new gene. But since the researcher didn't _INVENT_ the gene, merely observed it, I'm not sure what the grounds are for a patent. If a researcher creates a new gene in the lab and inserts it into an organism, I can see the grounds for a patent. However, I believe if that organism reproduces, that's the only entity which is liable for patent infringement. If I have seeds from Monsanto and they reproduce, _I_ shouldn't be liable for patent infringement. Perhaps contract issues, but if I'm a neighbor farmer who's land was 'polluted' with said seeds, I shouldn't be liable for cultivating them.
      BTW, no idea why your post got modded flamebait, unless it was the creationist wackos... sigh.

      --
      Awesome furniture, accessories and cabinetry in Santa Rosa, CA: http://humanity-home.com/
  24. My genes are worthless. by CyricZ · · Score: 1

    My genes are worthless. I was impotent by the time I was 35.

    --
    Cyric Zndovzny at your service.
    1. Re:My genes are worthless. by Anonymous Coward · · Score: 0

      Waaaaaaaay too much info there bud.

    2. Re:My genes are worthless. by StalinsNotDead · · Score: 1

      My genes are worthless. I was impotent by the time I was 35.

      Waaaaaaaay too much info there bud.

      But his comment makes his sig seem funnier.

      His Sig: Cyric Zndovzny at your service.

      --
      Thanks to the internet, we can now all die alone together! -SomeWoman
    3. Re:My genes are worthless. by Anonymous Coward · · Score: 0

      YOU are worthless, CyricZShittlezndovy. Stupid whore. Get off my intarwebz and go to hell.

    4. Re:My genes are worthless. by CyricZ · · Score: 1

      Unfortunately, I cannot whore my body out. Clients are just not interested in a cock that does not get hard.

      --
      Cyric Zndovzny at your service.
  25. Let them patent them... by Anonymous Coward · · Score: 0

    In a 100 years, all those patents will become public domain.

    Oh, I forgot, I'll be dead by then.

  26. remember to tip your waitress... by Anonymous Coward · · Score: 0

    But I PAID for those Levis!

  27. News article 2020 by biznes2biznes · · Score: 1

    Jan 16th, 2020: Microsoft announces the acquisition of the last independent company owning gene patents. It is official that everyone is now belong to Microsoft. On a serious note... there is always that possiblity that a single company acquires an almost complete ownership of the patents. And no anti-trust law prevents registering/owning patents. As genetic solutions to medical problems increasingly becomes The Future humanity itself may find itself threatened by a single company's financial greed.

    1. Re:News article 2020 by Locke2005 · · Score: 1

      No, like the patent holders for AIDS medicines that are being routinely copied cheaply in other countries, in the future humanity may find itself collectively giving the finger to these patent holders. What jury of their peers is going to award massive damages to a corporation when the defendent's choice was either to violate the patent or let people die?

      --
      I've abandoned my search for truth; now I'm just looking for some useful delusions.
    2. Re:News article 2020 by bani · · Score: 1

      the jury of peers that are stockholders (or worse, patent holders).

  28. Does... by Anonymous Coward · · Score: 0

    Pfizer own the gene that makes your penis hard?

  29. That's it, I'm porting by fuzzy12345 · · Score: 2, Funny
    Screw this. The US wants me to believe that various organizations and universities own the plans to ME? And of course, through WIPO, they'll want to enforce this insanity worldwide. Slashdot kooks may well believe that this kind of foolishness will hasten the demise of the entire intellectual property system (with massive collateral damage in virtually every industry) but I'm not going to gamble by waiting the decade it'll take, if it comes to pass at all.

    TAHT'S WHY I'M PORTING MYSELF TO A SILICON BASED LIFE FORM! WHO'S WITH ME?

    --

    Everybody's a libertarian 'till their neighbour's becomes a crack house.
    1. Re:That's it, I'm porting by nightsweat · · Score: 1

      No only am I with you, I'm imagining a Beowulf cluster of you.

      --

      the major advances in civilization are processes which all but wreck the societies in which they occur - A.N. White
    2. Re:That's it, I'm porting by hoggoth · · Score: 4, Funny

      > various organizations and universities own the plans to ME?
      > TAHT'S WHY I'M PORTING MYSELF TO A SILICON BASED LIFE FORM! WHO'S WITH ME?

      I, for one, welcome our new silicon based patent-unencumbered overlords!

      --
      - For the complete works of Shakespeare: cat /dev/random (may take some time)
    3. Re:That's it, I'm porting by Anonymous Coward · · Score: 0

      A menage-a-moi?

    4. Re:That's it, I'm porting by Anonymous Coward · · Score: 0

      TAHT'S WHY I'M PORTING MYSELF TO A SILICON BASED LIFE FORM! WHO'S WITH ME?

      A lot of women are already half-way...
      Oh... you said silicon, not silicone.

      Never mind then.

    5. Re:That's it, I'm porting by Dynedain · · Score: 1

      TAHT'S WHY I'M PORTING MYSELF TO A SILICON BASED LIFE FORM! WHO'S WITH ME?

      Sorry, it's been patented.

      lameness filter on a quote
      lameness filter on a quote
      lameness filter on a quote
      lameness filter on a quote

      --
      I'm out of my mind right now, but feel free to leave a message.....
    6. Re:That's it, I'm porting by GMFTatsujin · · Score: 1

      Why not just release your DNA under the GPL? Then, any derivative work done on it will have to be libre!

    7. Re:That's it, I'm porting by TerranFury · · Score: 1

      >TAHT'S WHY I'M PORTING MYSELF TO A SILICON BASED LIFE FORM! WHO'S WITH ME?

      That's the spirit! But I'm gonna go with galium nitride for better RF response. You gotta be careful about the dopants though; you'll get the munchies and'll end up eating too many chips.

    8. Re:That's it, I'm porting by HunterZ · · Score: 1

      Nah, I should just go to a non-DMCA country and reverse-engineer myself (since I didn't sign an NDA with any of the patent-holders). Then I can release my genes under the GPL on GeneForge!

      --
      Arguing about vi versus Emacs is like arguing whether it's better to make fire by rubbing sticks or banging rocks.
    9. Re:That's it, I'm porting by Feanturi · · Score: 1

      I'M PORTING MYSELF TO A SILICON BASED LIFE FORM!

      Is Pamela Anderson going to let you get close enough to her for that?

  30. whatever by Anonymous Coward · · Score: 0

    I rank this up with selling plots of land on the moon.

    I file it under a mental file called 'stfu and go away'.

  31. I hereby patent bipedal locomotion! by kidcharles · · Score: 1

    I have a huge problem with patenting what is essentially natural data. How is patenting the human genome different from patenting a constellation of stars or the contour of a coastline. How about the optical emission spectrum of hydrogen? I could go on...

    I know the logic: gene patents will spur drug development! This is idiotic. The demand to CURE DISEASE should drive drug development. Making huge swaths of the human genome off limits to everyone but the patent holder will hinder, not help drug research.

    --
    Ceci n'est pas une sig.
  32. In the United States... by MarkEst1973 · · Score: 4, Funny

    In the United States, business firms patent you!

    1. Re:In the United States... by makomk · · Score: 3, Funny

      No, you've got it all wrong. It's: In Capitalist America, business methods patent you!

    2. Re:In the United States... by cloudmaster · · Score: 1

      Damn it, I don't need people coming in to my office, wondering why I'm laughing out loud. Cut that out.

    3. Re:In the United States... by Anonymous Coward · · Score: 0

      Next will come patents for the weather, geological formations, planetary formation, and other non-invented items, including the English language. How much of that has been patented yet?

      It just goes to shw that money rules everything in the US, and by extension, the world. you can buy anything and everything. Watch for patents to be sold on e-bay.

      it really makes me wonder how sick the USPTO is, or stupid.

    4. Re:In the United States... by caitsith01 · · Score: 1

      Reming me why everyone is so surprised that the rest of the world wants to take control of vital infrastructure like the Internet away from the United States?

      --
      Read Pynchon.
  33. -1 Flamebait by Stonehand · · Score: 3, Informative

    Submitter should have read the story.


    "While this does not quite boil down to [the patent holders] owning our genes ... these rights exclude us from using our genes for those purposes that are covered in the patent," she said.


    It's the application of the gene that's patented, not the gene itself.

    --
    Only the dead have seen the end of war.
    1. Re:-1 Flamebait by Se7enLC · · Score: 1

      So since one of the patents is the application of a gene in the context of growth hormones....

      Does that mean that by growing, I am infringing upon their patent? I should be paying royalties...

    2. Re:-1 Flamebait by Stonehand · · Score: 1

      No; that'd be immediately invalidated by prior art. However, there may be novel uses of it that /are/ worth patenting -- e.g. if it is useful in new therapeutic methods, or for growing organs in vats.

      --
      Only the dead have seen the end of war.
    3. Re:-1 Flamebait by Viper+Daimao · · Score: 1

      Finally, over 65 comments and this is the only one that actually applied some sense and read the article. Someone apply a +1 Intelligent, or whatever the "not being a dumbass" mod is.

      --
      "In the game of life, someone always has to lose. To me, if life were fair, that someone would always be Oklahoma." -DKR
    4. Re:-1 Flamebait by ShibaInu · · Score: 2, Insightful

      The whole point of genes is that they are an instruction set for building various parts of you. In other words, the genes themselves are worthless it is their application that matters - that's the whole point! Allowing a company to patent the instructions for growing lungs is insane.

    5. Re:-1 Flamebait by Se7enLC · · Score: 4, Insightful

      From the article, it sounds like a lot of these genes are being patented without actually having the use for it. The purpose behind patent law is to allow somebody to share their information with others without fear of losing intellectual ownership. These patents are more like staked claims on land. "I claim this gene for the growth hormone. I don't yet know HOW to do it, but I know this is the gene that will do it, so I'll just claim it before anybody else gets it". Simply knowing what a gene's purpose is should not be enough to grant a patent, IMO. They should be required to actually have information on HOW it is used to be able to patent it as a process.

      It's like saying "I patent rubber for use in wheels, because I know wheels should be made of rubber. I'll make no attempt at explaining how to make a wheel or how to use the rubber on the wheel, just that I want to collect money from anybody who says 'rubber' and 'wheel' in the same sentence"

    6. Re:-1 Flamebait by KillShill · · Score: 1

      yeah, it's idiotic stuff that's patented, not the absurd things.

      big improvement.

      --
      Science : Proprietary , Knowledge : Open Source
    7. Re:-1 Flamebait by i_should_be_working · · Score: 1

      It's still ridiculous. What if I figure out a way to use a newly found muscle group to propel one'self at hithertofore unreachable speeds? Can I patent it and not let anyone else try it unless they pay me?

      That would be silly, it's their damn body. They should be able to do with it what they please.

      If they are only patenting the physical method (that involves lab equipment and such) that they developed which is necessary to use the genes for some purpose that might be ok. But if I come up with another method in order to use my genes for the same purpose I should be albe to do it. the description sounds like if they come up with a way to use gene A to do B, then I can't use my own gene A to do B no matter if I find a totally different way to do it.

  34. Its in the Genes by Jikrschbaum · · Score: 1

    I could have sworn that I was open source. I'll have to go through my memory box and find my EULA.

  35. Further proof that the USPTO will self destruct by popo · · Score: 1


    Hopefully they'll hurry up and patent the remaining genes. The more idiotic this becomes the shorter the lifespan of the USPTO will be.

    --
    ------ The best brain training is now totally free : )
  36. There is more than 1 genes for HGH ??? by Anonymous Coward · · Score: 2, Interesting

    Hey. It looks there are two genes ... GH1 and GH2.

    Some cut'n'pastes from http://www.ncbi.nlm.nih.gov/entrez/ ...

            Official Symbol: GH1 and Name: growth hormone 1 [Homo sapiens]
            Other Aliases: HGNC:4261, GH, GH-N, GHN, hGH-N
            Other Designations: pituitary growth hormone
            Chromosome: 17; Location: 17q24.2
            GeneID: 2688

            Official Symbol: GH2 and Name: growth hormone 2 [Homo sapiens]
            Other Aliases: HGNC:4262, GH-V, GHL, GHV, hGH-V
            Other Designations: placenta-specific growth hormone; placental-specific growth hormone
            Chromosome: 17; Location: 17q24.2
            GeneID: 2689

  37. Pretty Messed Up by PerlPenguin · · Score: 1

    I wonder if individuals could be sued for gene piracy after their treatment...

  38. This Just In by Dark+Paladin · · Score: 5, Funny

    God, aka "The Supreme Being", "The Intelligent Designer" and "Don't Fuck With Me Pip-Squeaks" recently filed claim in federal court for patent infringement. He/She/It/They claim that patents regarding the human genome violate He/She/It/Their's intellectual property laws.

    "Good grief, you little monkeys are an annoying lot," God was quoted as saying. "Between this and that jackass Jack Thompson, I'm going to have to fire up another hurricane."

    Comments from the defendants were not returned at the time of this filing, as they had all turned to salt.

  39. expiration by bcrowell · · Score: 1
    Hey, at least they'll expire. It would actually be nice to get them all patented right now, so that by 2025, 100% of the genome would be permanently patent-free.

    What would really suck would be if Congress decided to make patents into a permanent entitlement, they way they've been doing with copyrights.

    1. Re:expiration by bani · · Score: 1

      exactly. you can expect congress to extend patents into virtual permanence. wouldn't be suprised if they make it apply retroactively too.

  40. I suggest a cross-licensing agreement by Locke2005 · · Score: 2, Funny

    You see, I've already patented the asshole... and these people are clearly violating my patent!

    --
    I've abandoned my search for truth; now I'm just looking for some useful delusions.
    1. Re:I suggest a cross-licensing agreement by FidelCatsro · · Score: 1

      The USPO has rejected your patent , They cited themselves as Prior art

      --
      The only things certain in war are Propaganda and Death. You can never be sure which is which though
  41. Doesn't work that way by doublem · · Score: 0, Flamebait

    We can't use God's archives. "Separation of Church and State" and all that.

    The fossil record however, might be usable.

    --
    "Live Free or Die." Don't like it? Then keep out of the USA
    1. Re:Doesn't work that way by bombadillo · · Score: 0, Flamebait

      The burden of proof is on you to prove that a god exists. Once you prove the existence of a god then you can go about with your law suit. Seperation of Church and State has nothing to do with private companies or the failure to provide basic verifiable evidence of the existence of a god.

    2. Re:Doesn't work that way by Munk · · Score: 1

      But then nobody has ever been able to prove that God doesn't exist, but therein lies the foundation of faith.

    3. Re:Doesn't work that way by doublem · · Score: 1

      Hmmm. Come to think about it, I probably don't want to deal with the consequences should I prove God exists. Leaving aside the atheists and agnostics who'll be pissed, can you imagine the fallout form all the religions that I'd just proved wrong?

      "What do you mean there's PROOF that a God exists that's different than the one I believe in?"

      I'd probably be MEETING God in short order.

      Nothing against God, but I figure I'll be meeting him or her in the end anyhow, so there's no need to rush the encounter.

      Know what I mean?

      --
      "Live Free or Die." Don't like it? Then keep out of the USA
    4. Re:Doesn't work that way by Anonymous Coward · · Score: 0

      Actually, I have proven that God exists.

      And I'll make you a deal.

      I'll show you my proof that God DOES exist, if you show me your proof that God DOESN'T exist.

      Sounds like a fair trade, don't you think?

    5. Re:Doesn't work that way by Anonymous Coward · · Score: 0

      This is the same logic which underpins my faith in The Flying Spaghetti Monster.

    6. Re:Doesn't work that way by kurzweilfreak · · Score: 1
      What part of "logic" and "burden of proof" don't you understand? It's most definitely not a fair trade. Please prove to me that there isn't an invisible pink unicorn tap dancing in the corner. Oh, that's impossible for you to prove? It must exist then! Repeat for the infinite number of things that one could conceive of that cannot be proven. It would be ridiculous to expect someone to have to prove the non-existance of every thought any random person had.

      Please, show your proof God exists. The burden of proof rests with you.

      --

      kurzweil_freak

      5th Kyu Genbukan Ninpo/KJJR student

      Be the darkness that allows the light to shine.

  42. ATCG by Ced_Ex · · Score: 1

    Could I patent just that pattern? Or does it have to be a complete gene?

    --
    Live forever, or die trying.
  43. Patented DNA sequences? by Eziril · · Score: 1

    So, wouldn't these be patents for processes of altering DNA sequences in a certain manner to produce a certain effect in the body. I'm pretty sure you can't simply patent the letters and stake out certain portians of the human genome like it was some old west gold rush.

    --
    Aw, people can come up with statistics to prove anything, Kent. 14 percent of all people know that. --Homer Simpson
  44. Genes...Patented? by raptorjb007 · · Score: 1

    uh oh, I think I'm illegely using most of those patented genes.

  45. fortune magazine by discordja · · Score: 2, Informative

    This article was up on /. a few weeks ago, but seeing this healine, it's probably good to relink for those interested

    The Law of Unintended Consequences

    --
    I stole this .sig
    1. Re:fortune magazine by Anonymous Coward · · Score: 0

      whoops, sorry folks

      when I read it first time it was available for all. appears as tho fortune closed this one to further reading to non subscribers.

      if someone has a mirrored copy of it, please feel free to link.

      again, my apologies.

  46. Obligatory by Anonymous Coward · · Score: 0

    In Soviet Russia, genes patent you

  47. go ahead, patent them all by Anonymous Coward · · Score: 0

    the sooner they do it the sooner we 'get them back' after 20 years.

  48. genes or alleles? by G4from128k · · Score: 3, Interesting

    Does anyone know if these patents cover genes (a particular location on the DNA) or alleles (a specific variant that this found for some gene)? If the patent covers a specific DNA sequence, then it is an allele. If it covers an allele, then the number of possible patents is much larger than the number of genes.

    --
    Two wrongs don't make a right, but three lefts do.
  49. Better get moving... by Procrastin8er · · Score: 0

    and patent my remaining 4/5 before someone else does.

    --
    Slashdot - Where the slash is most definitely to the left.
  50. So.... by tktk · · Score: 1
    should I have sex with lots of women and put a patent out on my kids?

    Unfortunately, I'll first have to get rid of this Slashdotter aura.

  51. But by einhverfr · · Score: 0, Flamebait

    s/God/nature

    If this works, then I can patent a wood and then sue all homebuilders....

    --

    LedgerSMB: Open source Accounting/ERP
    1. Re:But by MSZ · · Score: 1

      You now have one year to file...

      --
      The moon is not fully subjugated. I demand a second assault wave preceded by a massive nuclear bombardment.
    2. Re:But by Jedi+Alec · · Score: 1

      If this works, then I can patent a wood and then sue all homebuilders....

      Now, patenting wood and suing homebuilders makes sense, but patenting *a* wood sounds completely different, and a lot like something I don't really want to think about...but it would make the porn industry even more profitable ;-)

      --

      People replying to my sig annoy me. That's why I change it all the time.
  52. It doesn't make sense... by Eric+Damron · · Score: 1

    I have never understood how anyone can patent the human genome. I mean does this mean that we'll need to get a license to have sex or risk patent infringement?

    --
    The race isn't always to the swift... but that's the way to bet!
  53. Will the Intelligent design crowd claim prior art?

    Who has the patent on the "stupid" gene, and can we get the FDA to ban it?

    So what will someone charge per hour now for me to get into their genes?

    Have Gene Simmons, Gene Hackman and Gene Wilder been reached for comment?

    Thank you, thank you. Remeber to tip the cocktail waitresses well, folks. They don't wear those skimpy outfits for nothing.

  54. 13th Amendment? by Anonymous Coward · · Score: 0

    I thought genes couldn't be patented in America due to the 13th Amendment (no slavery, people can't be owned). Are they actually patenting genes, or just the technology surrounding the discovery and implementation of technologies affecting specific genes? That would be more reasonable.

  55. Why stop at genes... by sgar · · Score: 1

    If they can patent individual genes then I'm going to go one step farther, and patent the element Carbon. That way I have a patent on all known life, and will be able to bring in licensing fees forever...brilliant! Seriously though, how broken is the patent system when naturally occuring patterns of proteins, present in the majority of humans, can be patented?

    --
    If there is anything more important than my ego around here, I want it caught and shot now.
  56. This is very good news! by Surt · · Score: 1

    With luck, we might get all human genes patented in the next couple of years. That means that within 20 years, every human gene will be free game for companies to work with, develop treatments with etc. etc. Companies can even do their work now, and just hold it for 20 years. Expect a huge cornucopia of medical advancements in two decades!

    --
    "Who is the Journal of Quantum Physics going to believe?" --Stephen Hawking
  57. No Problem. by fakeplasticusername · · Score: 1

    I have faith in the bickering of nations, this is not going to be a problem for people in general, but is likely to be one for the US. If the US ends up patenting all of the genes in the human body (colleges/private firms/etc.) Europe/China/Whoever will not be likely to pay the US companies for the right to research them and create products based on the genes. All this will mean is that when the best research minds start leaving to work in a country with a more sensible patent structure, the US will just have to scramble to overturn their corrupt, special interest laws.

    I'm not saying I'm not dissapointed in the low-lifes we have dictating our patent procedures, but I think the system will correct itself, it will just be a costly lesson.

  58. That's ok, because it means... by Anonymous Coward · · Score: 0

    ...we can sue the people who own the patents on genes that cause various diseases such as diabetes, cancer and other hereditary conditions.

  59. Only works for 20 years by Krieger · · Score: 1

    So they've patented them. It will be expensive *if* someone manages to make something useful out of the knowledge in the next 20 years, unless we stupidly allow patent timeframes to be extended. Otherwise, they've more or less guaranteed that all of this will be public domain by the time we're actually roughly ready to be able to truly and efficiently use it.

    I will say that allowing them to patent it in the first place is pretty damn stupid. If they had done something new and innovative with it, then grudingly I could maybe agree. But certainly not for just discovering it. Although I do suppose if you follow patent law to it's logical end it is promoting further invention and innovation, and it's not like they have a long term lock (20 years is short compared to copyright).

    Patent law is one of the areas of the so called IP regime that isn't as badly screwed up. It still has it's issues, but not as egregiously out of balance as copyright.

  60. Shakedown by cmaxx · · Score: 1

    Patents, great, I'd love a good lawyer to shake one of them down:

    Lawyer: 'So, when and how did you invent this gene?'
    Holder: 'Uh, well, uh, we more sorta found it, y'know, in us.'
    Lawyer: 'Oh, and how did you find it?'
    Holder: 'Uh, with some techniques invented by someone else.'
    Lawyer: 'Oh right, and these techniques are only available to you, and not used by other experts in the field?'
    Holder: 'Uh, not really, almost everyone's doing it now.'
    Lawyer: 'Right..'

    What's a patent again?

    --
    ...an Englishman in London.
  61. Is this really a bad thing? by Fished · · Score: 1
    I wonder whether most of the posters here are not looking at this in ways totally conditioned by software patents, where more often than not patents are granted on things that are obvious (e.g. wireless email) to a technically inclined individual. I don't know that gene patents are the same thing.

    First of all, I don't think anyone is suggesting (or any court would uphold) that you need a license to your own genes. Instead, what is patented is the use of the gene in commercial processes. For example, my sister uses insulin made in such a way, and that this insulin is available is a Good Thing.

    Second, take a look at the long view. A patent expires after 26 years. But 27 years from now we will still have the genuine innovation that the patents encouraged. The bottom line is that biotech is expensive to conduct, and these discoveries are not (so far as I can tell, but I'm no biologist) obvious. They required a lot of work, and a lot of expense. Commercializing them to develop new drugs requires even more work and even more expense. A patent ensures that as soon as the research is published (and peer-reviewed) it's not hijaaked by another company.

    This doesn't mean that companies should be given a free hand on biotech patents, exploiting their monopoly charging exhorbitant rates to get maassive returns on investment for their shareholders to the detriment of the common good-but that genetic patents are not really the same problem as software patents, nor are they the same problem as copyright.

    Something to think about. I'll take my thrashing now.

    --
    "He who would learn astronomy, and other recondite arts, let him go elsewhere. " -- John Calvin, commenting on Genesis 1
  62. So... by Anonymous Coward · · Score: 3, Funny

    So this means that every time I spank the monkey, I'm committing hundreds of millions of acts of patent violation?

    1. Re:So... by wildsurf · · Score: 1

      So this means that every time I spank the monkey, I'm committing hundreds of millions of acts of patent violation?

      Just don't do it in the public domain...

      --
      Weeks of coding saves hours of planning.
    2. Re:So... by Landshark17 · · Score: 1

      Yes, and your probably also killing a few kittens :-)

      --
      This sig is false.
  63. Don't have sex! by Anonymous Coward · · Score: 0

    It violates the DMCA. Make sure you have a written letter of permission from Humana, Monsanto, and (just to be safe) your mother.

  64. Yow! by idontgno · · Score: 1

    I'm a walking patent violation!

    --
    Welcome to the Panopticon. Used to be a prison, now it's your home.
  65. Ridiculous by zoogies · · Score: 1

    This is retarded. It may be good for business, but no big genetics firm should have the right to copy say, my brown eyes or tendency to develop high cholesterol. NONE. They have as much legitimancy here as Paris Hilton does with "That's Hot." So unfortunately, it looks like very much where it counts.

  66. They can't patent genes... by thewiz · · Score: 1

    cause the government already owns our butts!

    --
    If "disco" means "I learn" in Latin, does "discothèque" mean "I learn technology"?
  67. Wrong! by Anonymous Coward · · Score: 0

    I've got news for you: it's not your laugh that the ladies love so much, it's the bulge in your pants! No, not THAT one... it's your wallet!

  68. Patents aren't the problem by Anonymous Coward · · Score: 0

    Patents expire in twenty years, so all these patents will be null and void within the next two decades.

    Copyrights, however, persist for life + 70 years: and genes that are "genetically altered" will probably count as "a work of art" to some sufficiently well paid judge somewhere. Then they'll last 100 years or so, and by then, the copyright laws can be extended to 200 years or more...

    Remember, in a free country, you're allowed to own all the rights you can buy, and these corporations are just taking advantage of the free market.

  69. Not just the application by benhocking · · Score: 1

    The specific application (and its derivatives) mentioned in the patent application. This is probably what you meant by "the application", but I just wanted to make sure everyone else understood the added distinction.

    I can't believe how many people are talking about it as if they actually own patents on the genes themselves. A few of them were definitely funny, but there are way too many.

    --
    Ben Hocking
    Need a professional organizer?
    1. Re:Not just the application by Stonehand · · Score: 1

      Well, yes. If you have an application which is necessary to the development of other applications, then a patent on the prior will block the latter. Assuming, of course, that the former patent is recognized... and you'd have to ask a patent attorney about whether there's any reciprocity between national patent offices.

      IIRC, if the former patent is only valid in one country, one could do the research in a second country -- and then even file patents based on said research anywhere, so long as you don't actually perform the originally patented process where it's valid. Anybody using your derivative process (assuming it involves the first, and isn't merely something like a superior alternative) in the first country would need permission from both of you.

      --
      Only the dead have seen the end of war.
  70. It only gets worse... by bytesmythe · · Score: 1

    Imagine when they go from algorithm patents to look-and-feel copyrights!

    "Dear Mr. Smith,

      We regret to inform you physical appearance violates our copyright on olive-skinned (skincolor index: 984adb3e), dark-haired (haircolor index: 12231ec3), males (gender index: 1).

      Fortunately, you are able to lease the rights from us at a monthly rate. Please contact our office to discuss payment arrangements at your earliest convenience.

      Thank you,

      Big BioCorp"

    --
    bytesmythe
    Hypocrisy is the resin that holds the plywood of society together.
    -- Scott Meyer
  71. Seems like an onion article... by Anonymous Coward · · Score: 0

    o maybe it is just a hoax...

  72. All your . . . by kai.chan · · Score: 1

    All your penis are belong to us!

    1. Re:All your . . . by maxwells_deamon · · Score: 1

      Close

      All your base pairs are belong to us!

    2. Re:All your . . . by Anonymous Coward · · Score: 0

      And in reference to one of the posts above about MS Clippy and his help with the matter:

      Somebody Set Us Up The Bong.

  73. Cease and Desist by ameline · · Score: 1

    Dear Human being,

    It has recently come to our attention that you are, merely by existing as a live human, infringing on several of our client's patents. Specifically, the production in your body, of human growth hormone, adrenaline, testosterone or estrogen, adenosine triphosphate, and insulin are all in violation of one or more patents and other intellectual property owned by our clients.

    If you don't immediately stop producing these compounds, we will pursue further legal remedies.
    These may involve tripe damages now that you are knowingly infringing on our client's IP rights.

    Please have your executor or next of kin inform us in writing once you are in compliance with the intellectual property laws of this great nation.

    Regards

    Robert Dewey,
    Sr. Partner,
    Dewey, Cheatham & Howe,
    Attourneys at Law.

    --
    Ian Ameline
  74. The root problem is For Profit health care by starseeker · · Score: 3, Insightful

    Making the US healthcare industry and supporting industries a private, for profit enterprise was an epic disaster, particularly in the department of research and IP. Companies will only pursue solutions to medical problems they think they will be able to have exclusive control over, in order to ensure they can profit from them. PROFIT??? This is people's HEALTH we are talking about here! Profit shouldn't even be part of this discussion. It's about the people you are trying to help, period. End of discussion. Motivation problem solved. The only questions should be 1) what holds the best promise for helping people 2) how do we produce it safely and 3) how do we produce it inexpensively. National ownership and public right to all medical information should be an absolute no brainer. Don't give them the excuse of needing to make up research costs to have high prices. Fund all medical research Federally, and base it solely on potential healing merit and educational benefit. Peoples' health should not have a price tag on it - people are the only reason a society exists at all. That's like saying its not cost effective to evacuate poor people from a potential disaster area, since they aren't important to the economy and are easily replaced. (Note to the hysterical - that's an example of an argument as wrong on as many levels as I could make it wrong, not an actual argument I'm making.) We don't stand for that, and I don't think we should stand for medical research and production costs being dictated by profit potential analysis.

    I have heard the arguments before that medical research moves faster because of the profit motive, but I don't believe it and would have to see hard evidence to believe it. Medical research is like anything else - individuals are motivated by a paycheck and perhaps the chances to help people/do interesting work. COMPANIES are motivated by profits, and I don't believe corporate thinking has been a net positive to the medical world in any sense. Quite the reverse, actually.

    I don't know how I could sleep nights knowing I ran a company that had (for example) decided to pursue less promising but potentially profitable cures instead of building off of public domain but very promising work. As a human being it would haunt me.

    Here are some examples of profit-motive-as-only-motive issues (I'm sure many more could be found in a few minutes):

    http://news.yahoo.com/s/acs/20050928/hl_acs/resear ch_near_standstill_for_childhood_cancer_drugs
    http://www.accessmed-msf.org/prod/publications.asp ?scntid=31720021644339&contenttype=PARA&

    And now patenting genes. Great. In case there weren't enough issues out there slowing things up, we now add potential patent litigation as yet another reason not to pursue ideas. Because, thanks to the profit motive we know that barring enormous financial resources people will avoid these areas rather than risk having to fork out for patent licensing fees. What a messed up system. Personally I think the nation's system needs to be totally ripped out, all the way from the admistrative system to the drug companies, and redone with one and ONLY one focus - how can they help those who need it. Individuals working in the system can still be paid well - individual incentive is fine since it draws smart people, but the companies contribute nothing beneficial to the people needing help and should be cut out of the loop.

    --
    "I object to doing things that computers can do." -- Olin Shivers, lispers.org
    1. Re:The root problem is For Profit health care by TheSync · · Score: 3, Insightful

      Why is profit important in health?

      Because it is not from the benevolence of the butcher, the brewer, or the baker that we expect our dinner, but from their regard to their own interest. Similarly, the doctor.

    2. Re:The root problem is For Profit health care by RexRhino · · Score: 2, Interesting

      All drug development is for profit. All institutions need to bring in more resources than they consume (or the institution collapses). The difference between the value of the services they provide and the value of the resources they consume is profit. Natural selection applies to everything, so institutions that make a profit survive and thrive, institutions that don't fail and go away... natural selection leads to profit making organizations, no matter if they choose to call themselves profit-making or not. You are not arguing against a profit system, but that we should change the profit model of drug development from a competitive market system in favor of a government controlled monopoly system.

      While I agree, information about the human genome should be free to be used by everyone without cost (the patent system wasn't supposed to help the patent holder make a larger profit, but just enough to cover the cost of development of the patented technology), I fail to see how a monopoly system is more efficent than a more decentralized system? There are historical cases we can compare for a market profit model vs. monopoly profit model on the effect of health care. For example, if the monopoly profit model is the best, we would expect the Soviet Union and Eastern Europe during the cold war to have better health care, higher life expectency, etc., than in Western Europe, Canada, and the United States (drug development in the U.S., Western Europe, and Canada were not really a true market system, the governments of all spent billions on research, but they were far more free-market than the Soviet system). But I am afraid you will find that health care in the West was better than in the East.

      It is going to take more than just showing us that the market isn't producing some drugs that people need (because clearly Cuba and North Korea aren't producing those drugs either, which they should be if a government controlled monopoly on drug development was the be-all end-all solution to drug development)... why don't you show us how your profit model for drug development is better for consumers that the current profit model?

      Show us why one big heirarchical drug development system is better than a decentralized network of drug development.

    3. Re:The root problem is For Profit health care by bgalbrecht · · Score: 1

      Whether health care is funded by private industry or government, it's not possible to fund every possible line of research. If it's funded by the government, someone, either in Congress, NIH, or somewhere else, is going to be choosing which research to fund, and which to ignore. No matter what they choose, something's not going to get researched, people will die, and people will criticize the decisions. In an ideal world, you'd let the for-profit companies work on the things that give them the most profit, presumably because it would help the most number of people, and the government would fund things that are still important, but not profitable to research because the incidence is too small, like your example of childhood cancer.

      The biggest problem I see with "for profit" healthcare, in particular the pharmaceutical companies, is that often the companies drive sales and profits by marketing a solution for a problem that most people don't have. For example, in the US, there are heavy marketing campaigns to convince people that occasional heartburn requires medication, and often that it needs to be the most recently introduced prescription medication (which is usually quite profitable), when something like a cheap antacid would be fine.

    4. Re:The root problem is For Profit health care by Anonymous Coward · · Score: 0

      On the issue of profit, there are non-profit organizations which make a profit. They need to make a profit to survive, but that shouldn't be the #1 goal (as in for-profit organizations).

    5. Re:The root problem is For Profit health care by smart.id · · Score: 1, Informative

      Thank you, Adam Smith.

      You could at least give credit where its due.

      --
      blog & fiction: jd87
    6. Re:The root problem is For Profit health care by Dr_Barnowl · · Score: 1, Interesting
      You hit the nail right on the head :

      "The Market" gives arise, by darwinian evolution, to entities that are the most efficient at extracting profit.

      This has nothing to do with peoples health.

      By all means, make the buggers compete with each other, but not for profits ; make them compete for number of people healed. Or whatever.

    7. Re:The root problem is For Profit health care by Anonymous Coward · · Score: 0

      The parent is absolutely right about most current research is done strictly for profit. An area that comes to mind is the effort in recent years to find naturally occuring chemicals that aid in healing. Essentially they are checking various herbs and other plants for these chemicals, often by checking out natural treatments used for generations by oriental apothecaries, midwives and native shamen. Once they think they have isolated a chemical they believe is beneficial and synthesize it, test it and if they can claim any benefit from its use, patent it. This would be a great area for some charitable organization of great wealth to promote research in, not to patent chemicals but to test and promote the use of readily growable, inexpensive and beneficial treatments. The charitable organization could further promote the work by showing some of the potential to corporations who are eyeing the drain on their profits from medical insurance. Universities specializing in the area of medicine known as Osteopathy would probably be easier to convince to research this then the M.D.s who are deeply involved with the drug companies. So, to the Bill and Melinda Gates Foundations of the world, how about setting up a foundation to promote and finance natural treatments for disease? Or if a honest one does exist already, contributing to it? It could lower medical bills for everyone and would likely be better then constantly adding to the current antibiotics problems etc.

    8. Re:The root problem is For Profit health care by thinkliberty · · Score: 1

      Yeah healthy foods and vitamins as well as drugs should be not for profit! It will also insure that no one spends anything for R&D in the health industry.

      I have come up with a slogan for you:
      No new healthcare innovation! Make healthcare profit free!

    9. Re:The root problem is For Profit health care by UltraDerek · · Score: 1

      I truly wish people would cease posting this ignorant rubbish, and actually focus in closer to the real problems. "Making the US healthcare industry and supporting industries a private, for profit enterprise was an epic disaster" -Right, tell that to the tens of millions of people that this healthcare industry has saved. Also look to the difference in life expectancies now vs. 100 years ago. If you still have problems with this take a look at waiting lines for surgeries / operations in nationalized health care states such as Canada and England. "Profit shouldn't even be part of this discussion" -Are you really serious? People need food to live, should grocers not make a profit? What about doctors? Many people require cars to travel to work and to buy necesities such as food / water, should the automobile manufacturers not make a profit? Saying that profit shouldn't occur is nothing short of an amazingly stupid comment. "1) what holds the best promise for helping people 2) how do we produce it safely and 3) how do we produce it inexpensively." -I hate to break this to you, but these three questions are always asked in the biotech / pharma industry before a new target is identified and a new exploratory research target is launched. Do you know why??? Because that way they can make the MOST MONEY and help the MOST PEOPLE. "Don't give them the excuse of needing to make up research costs to have high prices." -Again it appears that your ignorance has no bounds. Go to R&D systems website, or Jackson Labs, take a look at what twenty five micrograms, yes thousandths of a gram of antibodies cost. Anywhere from a couple hundred to nearly ten thousand dollars!! But yes, those research costs are nothing more than a figment of their ever working imaginations, an excuse to charge more. "Fund all medical research Federally" -Not if you want to keep any of your paycheck after taxes, the costs are a bit too high for the federal government to cover. At least they are in today's climate with a "war" in Iraq and a load of other spending taking place. "I have heard the arguments before that medical research moves faster because of the profit motive, but I don't believe it and would have to see hard evidence to believe it." -What sort of hard evidence do you want? It is rather obvious. In any type of research mistakes are made. With scientific reagents as expensive as they are, a well-funded company can afford to try riskier experiments, and make more mistakes because they can always buy more reagents. I could go on and on about this but I will leave that for another post. "Medical research is like anything else - individuals are motivated by a paycheck and perhaps the chances to help people/do interesting work. COMPANIES are motivated by profits" -I actually agree with you on this point, but you have to remember that it is the corporations that provide those paychecks, and hence they are the ones that must make the tough decisions about which targets to investigate and which to hold off on. Patenting genes is also a LOT more complicated than this article made it out to be. There is a lot involved in the entire process. I don't know where I stand on this issue because I am quite ignorant of everything involved. In conclusion there are a LOT of problems with the current healthcare industry in the United States, but I strongly disagree with your ascertations to the cause. The pharmaceutical / biotech companies do spend more money than they probably need to, and probably will begin scaling back (many are already) in the near future. Doctors charge absurd fees for visits and for routine procedures, and bad ones overbill HMOs. Insurance companies reject claims frequently in an attempt to avoid paying out what they should be. Even the FDA costs an absurd amount of money to navigate through, fueled in part just "because they can". The system is a racket. Doctors are in on it, Insurance companies, the FDA, and the pharma industry. Pointing the finger strictly at research both screams ignorance, spreads ignorance, and does absolutely nothing to help others see that the true problem is quit holistic and will take quite a bit of doing to repair.

    10. Re:The root problem is For Profit health care by Dirtside · · Score: 2, Insightful

      Unfortunately, health care is a market failure. The main problem is that demand does not change as price goes up; people are willing to pay an infinite amount in order to receive certain kinds of health care, because the only alternative is death or intolerable suffering.

      --
      "Destroy science and religion. Science would re-emerge exactly the same; but not religion." - Penn Jillette, paraphrased
    11. Re:The root problem is For Profit health care by evilviper · · Score: 0, Flamebait
      Making the US healthcare industry and supporting industries a private, for profit enterprise was an epic disaster, particularly in the department of research and IP.

      And we all know how much better communism/socialism does the job.
      --
      Slashdot gets worse every day... Pipedot: News for nerds, without the corporate slant
    12. Re:The root problem is For Profit health care by TheDauthi · · Score: 1

      I very rarely get my dinner from a doctor. On occasion, a coroner, yes, but rarely fresh from a doctor.

    13. Re:The root problem is For Profit health care by blahplusplus · · Score: 1

      "Because it is not from the benevolence of the butcher, the brewer, or the baker that we expect our dinner, but from their regard to their own interest. Similarly, the doctor."

      Yes but this just shows us how unevolved we are, obviously we are defective in many ways. i.e. emotions get in the way, humans get tired, bored, emotionally frustrated/drained (doing hard work, school work, etc). Robots wouldn't neither would enhanced human beings who had control over their base instincts and inner bullshit.

      Also profit is bad as well, do you want your doctor recommending surgery/whatever you dont need so he gets more money to spend on his call girl and coc habit? hah.

      As much as I agree that it is ok for people to make a living doing something they dont really enjoy because of the $ they make for their own benefit, there are just as many cons as well. Hopefully human beings will trancend their animal natures one day with science and technology.

    14. Re:The root problem is For Profit health care by TheSync · · Score: 1

      The main problem is that demand does not change as price goes up; people are willing to pay an infinite amount in order to receive certain kinds of health care, because the only alternative is death or intolerable suffering.

      Actually, the research shows that there is a demand curve for health care, although it is less elastic than other industries. You aren't either "sick" or "well", we are all "sick" in some way as that we are all aging and have potential health problems, but we all have different opportunity costs for being sick, plus we all have different needs for treatments, including time-to-treatment ("it is annoying to be sick, but I can make it for another day or two if it will save me money"), ability to handle side effects, lifestyle, life views, etc.

      See

      The biggest problem in medicine is not that there is a demand curve, but that typical health insurance plans eradicate the individual's view of the demand curve through subsidization. Health costs go up with unregulated subsidization. Thus we have seen the need for regulation of individual health care use (HMO's, requirements for generic use, etc.) to try to arrive back at the demand curve. Unfortunately, these regulations are typically costly and gamed by voters through public choice theory for government-provided health care.

      Good info one health care demand curve elasticity can be found here. Also this Powerpoint goes into a lot of details of health economics and demand curves.

    15. Re:The root problem is For Profit health care by TheSync · · Score: 1

      I assumed it was obvious. I mean, who goes to the butcher any more! Unfortunately, the reappearance of brew pubs has brought the brewer back into daily life.

    16. Re:The root problem is For Profit health care by TheSync · · Score: 1

      Hopefully human beings will trancend their animal natures one day with science and technology.

      But it is the profit motive that has driven the development of humanity to arrive at the current level of science and technology, so perhaps profit isn't such a bad idea after all.

  75. Human Genome Project? by Safe+Sex+Goddess · · Score: 1

    I thought the Human Genome Project was the group who first mapped all our genes? If they did this, then how can another group come along and patent it?

    --
    Abstinence is a government conspiracy. www.SafeSexZone.co
  76. I'd love to laugh like hell... by multiOSfreak · · Score: 1

    Your comment almost made me laugh until I crapped my pants. But then I remembered that someone else owns the patents for the genes that govern sense of humor and incontinence. Too bad.

  77. Corrupt government allows anything for money. by Futurepower(R) · · Score: 0, Troll

    The U.S. government is for sale to whomever has money: Unprecedented Corruption: A guide to conflict of interest in the U.S. government

  78. Bad news for prostitutes.. by imkookoo · · Score: 1

    Not only are they breaking prostitution laws, but they are also violating patents as well!

  79. p0wn3d by Anonymous Coward · · Score: 0

    'nuff said...

  80. Hmm... by killmenow · · Score: 1

    ...I was imagining Natalie Portman.

  81. Time to sue by C_Kode · · Score: 1

    If they patented part of *my* gene after my date of birth I'm sueing!

    50 billion to me!

  82. Patents by nuggz · · Score: 1

    The genes aren't patented.

    Manipulation of a particular genetic sequence to cause a reaction is patentable.

    I don't really understand how though, to myself turning off the eating gene is a pretty obvious way to help someone lose weight.

    1. Re:Patents by Safe+Sex+Goddess · · Score: 1

      It sounded to me like they were saying that the gene was patented in the same way that a newly discovered chemical substance can be patented. Has nothing to do with how the substance is used, but rather the substance itself.

      --
      Abstinence is a government conspiracy. www.SafeSexZone.co
  83. you people are thinking WAY too small... by Anonymous Coward · · Score: 0

    pending patent applications:

    1. system of repulsing adjacent subatomic particles to prevent implosion into sigularities
    2. system of attracting adjacent subatomic particles to form various cohesive nuclei
    3. system of attracting or repulsing mass based on like/unlike "charge" property
    4. system of attracting mass based on quantity of mass, distance and gravitational constant of the universe (per "Q":)

    BWAH HA HA HA HA!!!!!!!!!

    all your forces are belong to ME!!!!!

  84. You've been sued by saterdaies · · Score: 1

    Dear Sir or Madame,

    You have been sued in US Federal Court for violating GiantAssMunch's patent on the gene for red hair. As you were born with this gene, we are willing to settle your case for merely your life savings. We would prefer this not go to trial, but if you leave us with no alternative we will ask a court to provide us with a perliminary injunction against your life.

    We look forward to hearing from you.

    *You can't patent discoveries! They aren't inventions if they naturally occur!

  85. This is great news! by ch-chuck · · Score: 1

    Now any woman that wants to have my baby will have to purchase a license as well as my normal 'stud fee'.

    --
    try { do() || do_not(); } catch (JediException err) { yoda(err); }
  86. It's not just patenting gene sequences by jfengel · · Score: 5, Informative

    The name "gene patents" is a bit hysterical. The USPTO Guidelines say, "If a patent application discloses only nucleic acid molecular structure for a newly discovered gene, and no utility for the claimed isolated gene, the claimed invention is not patentable. But when the inventor also discloses how to use the purified gene isolated from its natural state, the application satisfies the ``utility'' requirement. That is, where the application discloses a specific, substantial, and credible utility for the claimed isolated and purified gene, the isolated and purified gene composition may be patentable."

    So it's not just the DNA sequence that they're patenting; it's the DNA sequence plus a description of how to use it. Not just your body using it, but a technological invention outside your body.

    It still seems like an awful lot of store to give away. The idea is that isolating and understanding the functions of genes is expensive, so to encourage people to do it they're giving away rights to use the results of that research (i.e. more than just props for being the first to describe it.)

    But no, you can't sue somebody for having children; the use of the gene in its natural state (i.e. you) isn't patentable. Producing the same chemical as a medicine is There's a long history of getting patents on stuff you find in nature and putting a use to it; they cite a patent on adrenaline. You didn't lose right right to get excited, but you couldn't bottle up the output of your adrenal gland without coming up against their patent.

    I'm not defending it; I'm just explaining it.

    1. Re:It's not just patenting gene sequences by Dachannien · · Score: 1

      How does this work into Monsanto suing farmers who grow crops next door to a farm that uses Monsanto GM crops, after the crops on the two farms cross-pollinate and the farmer replants harvested seeds from his own farm? The only thing that's being transferred is some of the genes from the GM plants in their natural environment (i.e., in vivo), and that's not even under the farmer's control.

    2. Re:It's not just patenting gene sequences by Anonymous Coward · · Score: 0

      I have an object, called a "foot". I can supply it's DNA if needed. It's use includes knocking sense into congressman. Can I obtain a patent on it?

    3. Re:It's not just patenting gene sequences by yfarren · · Score: 1

      I was a moderator. Apparently I modded this "troll" when I thought I modded it "insightful". Can I change that somewhere? Tell somone I goofed? Ah. Apparently by comenting in A article, my mods are undone. Good to know...

    4. Re:It's not just patenting gene sequences by arkanes · · Score: 1
      Probably because Montsano are a bunch of assholes with lots of money and the fine lines drawn by the patent office are much blurrier in a courtroom.

      However, in legal cases by Monstano are used as precedent, you may very well be able to sue a woman for bearing a child, if the father had been treated using patented gene therapy techniques and carried patented, altered genes.

    5. Re:It's not just patenting gene sequences by jfengel · · Score: 1

      Well, thanks for the mod. It'll show up in my comments as "Somebody modded you down; oops, it's gone!" Sorry about your lost mod point.

      It wouldn't have surprised me; I often get modded troll when I try to explain what people are thinking. I write this sort of comment a lot. Whenever I see a "how could they possibly..." comment I'd prefer to know the answer; there's usually a reason. Not necessarily a good one, but there's usually at least an ostensible reason.

      Don't matter to me; I've got plenty of karma.

    6. Re:It's not just patenting gene sequences by Irish_Samurai · · Score: 2, Interesting
      OK, I'm not saying this is right, but here is the stance.

      Monsanto created a seed (let's say corn) with special characteristics in it, therefore the seed is theirs to use. This would be parallel to the isolated gene and a derived use for it.

      There is natural cross pollenation that occured. This is parallel to two people having sex. One person may have the gene that has been isolated and used in a patented process. If one of the two people had the parallel gene+derived use and they could have passed it on during reproduction. Monsanto didn't patent the seed for plain corn, they patented corn seed that was created using their process, a process that gave it a special characteristic. This special characteristic was passed during cross pollenation.

      Now, the newly cross polinated corn produces seed. Just as the reproducing couple created a child. This child may have inherited some characteristics of the parent who used the patented gene. This is also true of the newly created corn seed. It may have characteristics of the Monsanto seed that cross pollenated it.

      Here's where it gets tricky. No one would sue the the parents because the child had these special characteristics in it, but they would sue the parent if:
      • The parent tried to sell their DNA in an attempt to profit from having this specialized trait.
      • Or the parents tried to sell the childs DNA to profit from it having this special trait.

      The farmer whose crops were cross pollenated harvested the seed and replanted it. The farmer may or may not have known the new seed he harvested contained special propertes, but if it did - Monsanto felt he should have to pay for the seed or purchase new seed without the engineered trait in it. This parallels the parents selling the their trait laden DNA for profit, which probably never would have gained that trait without the processes influence.

      The parellel breaks down at the point where sex can be controlled and cross pollenation, for the most part, cannot, but who needs to bicker about specifics when you're a big multinational corporation? Who's sueing a friggin farmer.

      The REAL reason Monsanto would sue that farmer would be so that the Monsanto sponsored farmer could by his land, with Monsanto's help. In exchange the farmer who aquired the new land would have to sign a contract stating they would purchase Monsanto seed exclusively for all their crops - but didn't set a price. Then Monsanto jacks the cost to that farmer just enough to fleece him indefinitely, but not enough to put him out of business.

      PROFIT!

      BTW, don't drink milk - Monsanto went and fucked that up too.

    7. Re:It's not just patenting gene sequences by jfengel · · Score: 2, Informative

      Technically that's a Canadian case rather than a US case, and the decisions are rather muddy. Percy Schmeiser was sued for deliberately planting seed he knew to be contaminated with Monsanto's genes. They originally tried to blame him for having the seed in the first place, but they couldn't prove that that it didn't just blow in.

      In the end they decided that Schmeiser didn't have to pay for the genes but he did have to destroy the contaminated plants. He tried to countersue them for trespass for contaminating his crop, and lost (and it would have been small-claims anyway.)

      I don't think that the issue is considered completely settled, either in Canada or in the US. In his case he's destroyed the seed and bought new seed stock, and it seems to me that it would at least be fair to force Monsanto to pay for that (not to mention the damage caused by the loss of his custom-selected seed stock). So this case is over, but there's more to your question that isn't answered yet.

    8. Re:It's not just patenting gene sequences by Intron · · Score: 1

      This would all be fine if the farmers could sue Monsanto for contaminating their crop with the GM seed. After all, it has reduced the value since they can't legally plant a second generation. So there are clear damages.

      --
      Intron: the portion of DNA which expresses nothing useful.
    9. Re:It's not just patenting gene sequences by NerdJock · · Score: 1

      The problem is that the company owning the patent isn't always the one doing the work. The classic example is the gene predicting breast cancer. The region that the gene existed in was discovered by one group. As it was an important gene, a large number of other groups started to search for and isolate the specific gene. Another group found the gene and patented it. While they did some work, it wasn't in anyway original since the first group identified the function and a lot of other groups participated in the search. Anyway, the group that did the last part are now charging exhorbarant fees to diagnose breast cancer, and in many cases doctors don't even diagnose it because of the cost. And that is in rich countries, not some backwater region.

    10. Re:It's not just patenting gene sequences by RespekMyAthorati · · Score: 1
      That's not quite true either.
      In addition to GM corn, Monsanto also makes a powerful herbicide called "Roundup". Farmers use it all over the world to kill weeds.
      Unfortunately, it also kills corn, so it can only be used after harvest.
      To solve this, Monsanto developed a GM strain of corn that is immune to Roundup,
      so the whole field can be sprayed with the herbicide, and only the weeds will die.
      It is this "Roundup Resistant Corn" (RRC) seed that Schmeiser's neighbour bought.
      Schmeiser knew that the Monsanto GM corn was specially engineered to be Roundup-Resistant,
      and he thought it would be useful. He also figured that there was no need for him to pay for it.
      His plan was ingenious:

      1. Wait for some of the RRC seeds to blow from his neighbour's land onto his property.

      2. use Roundup to kill all of his natural corn in the adjacent property

      3. harvest whatever was still alive, since it had to be Roundup-Resistant

      4. take the RRC to his greenhouse, and carefully nuture it

      5. when the RRC in his greenhouse reproduces, use it to plant his fields

      Apparently, this worked great, and pretty soon Schmeiser had several fields planted exclusively with RRC, and for free.
      Now Monsanto argued that this was unfair, since having whole fields of Roundup-Resistant Corn could never happen by accident.
      Schmeiser argued that since the whole process began accidentally, whatever happened after that was none of Monsanto's business.
      The courts eventually ruled in Monsanto's favour, since Schmeiser could not have pulled this off without the
      use of Roundup herbicide, a Monsanto product.

      Things are usually more complex than they seem.

    11. Re:It's not just patenting gene sequences by jfengel · · Score: 1

      Schmeiser claims that he did not use Roundup. I'm in no position to evaluate the truth of either his claims or yours.

  87. Onion by Anonymous+Custard · · Score: 1

    Oblig. clever Onion reference:

    Microsoft Patents Ones, Zeroes

  88. What??? by RedNovember · · Score: 1

    How can you patent genes? This is idiotic! It's like claiming stars... China gets Betelgeuse and we get Alpha Centauri... Write your congressmen. Tell them to support getting rid of gene patents. What's the worst that could happen? Properly document your gene and everyone wins. How long until scientists consider themselves mercenaries, not researchers for the good of humanity? Has it already happened??

    --
    "MY APOCALYPTIC TENOR HAS NOT BEEN DISPELLED!" - T-Rex, qwantz.com
    1. Re:What??? by Anonymous Coward · · Score: 0

      Hi! This is Rocksin Mahead with the International Star Registry. For just $50 we will list your genes in book form in the US Copyright Office. That's right, we will copyright your ass.

  89. Pwned by gmuslera · · Score: 1
    So 1/5 of me is not mine after all? How much till they decide that all i could create are just derived work from their patented (my?) genes?

    Would be nice to see painted in the front door of one of this companies something like "All your genes are belong to us"

  90. Living Proof - You know the RIAA would do it by stevenm86 · · Score: 1

    So does this mean that I am infringing on their intellectual property by manufacturing proteins and carrying out other biological activities?
    Why wait for the legislation? Why not just sue every damn human being on the planet for infringing on patents by using these 'patented genes'? Hell, sue the bacteria, they're by far greater in numbers...
    You know the RIAA would do it in their position...

  91. In that case ... by Anonymous Coward · · Score: 0

    They can have my NF2 gene http://nf2crew.org/, either that or fix the shitty one I got ...

  92. Killing Patent Law by Bullfish · · Score: 1

    These types of frivolous patents just may bring down international patent law. Such patents should be ignored, and will be ignored by many countries when they need to do something with them.

  93. The positive side of this by ortholattice · · Score: 1

    Fortunately, patents are time-limited (and cross your fingers they'll continue to be). By the time anyone finds a use for most of these, the patents will have expired. In fact, why not just patent all of them now to start the clock running, so that by the time I get old and actually need one of these genes to extend my life or whatever, we'll be over and done with this nonsense, and I won't have to pay some extortionary fee for it.

  94. All your Adenine are Belong to Us... by LoverOfJoy · · Score: 1

    ...and thymine and guanine and...

    1. Re:All your Adenine are Belong to Us... by GReaToaK_2000 · · Score: 1

      I would mod you as funny if I had the points... :-D

      Thanks, that was good...

      LOL!!!

  95. As stupid as... by GReaToaK_2000 · · Score: 1

    This is as stupid as the companies which manufacture the Genetically Modified corns (and other plants). They end up going after some farmer who plants another corn crop adjacent to the field with the GM corn. The reasoning is that the pollen (carried by the WIND) which goes into the other corn field produces their "super corn" and therefore charge them for it...

    Even though there is NO way for them to stop it...

    Oh well...

    I do, however, think that the PROCESS that a company used to decifer the genetic material is patentable (provided they are specific in their methodology), but that is about it... I remember hearing about these stupid patents about 2 to 3 years ago, and thinking to myself "you have GOT to be KIDDING".

    Nope...

  96. self replicating patents by idlake · · Score: 3, Insightful

    The patents basically mean that for the next 20 years, nobody else can even do research on the patent without the permission of the patent holder.

    The patent holder will only give that permission if the people doing the research sign over patent rights to the company owning the original patent.

    Effectively, a lot of research is going to take at least 40 years to happen, with the results being patented out to 60 years. That's when you may start seeing useful stuff finally making it into the public domain.

    That is, of course, provided that other nations give a damn; US patents are valid only in the US, and there are about 150 other nations to choose from where you can do research and treat patients. In many of those, patenting genes is either impossible, or they are considered too small right now to bother patenting in.

    1. Re:self replicating patents by sustik · · Score: 1

      Solution: move your research to some country without these patent problems. My prediction is that Chinese and Russian companies will emerge doing this. The end result is probably that the US will have to licence or buy back the inventions and technologies (the really important ones, such as cures) say 10-20-40 years down the line.

  97. The Right to Keep and Bear Arms by yintercept · · Score: 5, Funny

    RE: "The Right to Keep and Bear Arms"

    FYI, the genes that create arms are now the property of Sybiotic Genes Operations (SGO) based in Lindon, Utah. While people who currently have arms will be allowd to keep and bear them (According the Constitution) the SGO Group asks that all people who are currently in the process of growing arms (infants and children) pay a reasonable licensing fee for the use of the genes used to grow said arms.

    1. Re:The Right to Keep and Bear Arms by Anonymous Coward · · Score: 0

      WHO modded this insightful???

    2. Re:The Right to Keep and Bear Arms by Terrasque · · Score: 2, Funny

      But the important question is: Do we have the right to arm bears?

      --
      It's The Golden Rule: "He who has the gold makes the rules."
    3. Re:The Right to Keep and Bear Arms by Meagermanx · · Score: 2, Funny

      Did you even look at the parent's post?
      It clearly stated you have to pay a small licencing fee to SGO every time you want to arm a bear.
      Talk about redundant questions.

    4. Re:The Right to Keep and Bear Arms by Anonymous Coward · · Score: 0

      pay a reasonable licensing fee

      You mean something like $699?

  98. I must... by Anonymous Coward · · Score: 0

    -All you genes are belong to us!

    -Somebody set us up the patent!

  99. Didn't File In Time by blueZhift · · Score: 4, Funny

    God: Uh, you know I invented the human genome right after I created the rest of the cosmos.

    Patent Officer: (Head down scribbling.) Did you file the proper paperwork?

    God: No.

    Patent Officer: (Head still down.) Sorry. I can't help you. Perhaps you can purchase a license from the patent holders.

    God: (Turns around and leaves.)

    All fades out...forever...

    1. Re:Didn't File In Time by Anonymous Coward · · Score: 4, Funny

      I prefer the ending where the Patent Officer gets zapped.

    2. Re:Didn't File In Time by jZnat · · Score: 3, Funny

      That's right, baby, magic fingers. /Family Guy

      --
      'Yes, firefox is indeed greater than women. Can women block pops up for you? No. Can Firefox show you naked women? Yes.'
    3. Re:Didn't File In Time by Ignominious+Cow+Herd · · Score: 2, Funny

      I'll do you one better:

      At the end of his shift (5:00:00 P.M.) the Patent Officer leaves for the day. On his way to catch his bus, he is hit by a car and dies. He arrives at the Pearly Gates.

      Patent Officer: Umm, is this the way to get into Heaven.

      St. Peter (Head down scribbing.) Did you file the proper paperwork?

      Patent Officer: Uh, paperwork? No.

      St. Peter: (Head still down.) Sorry. I can't help you. Perhaps you shouldn't have been such a worthless shit when you were alive.

      Patent Officer: (Catches Fire and Drops down to Hell)

      God walks by whistling: "Instant Karma's gonna get you..."

      --
      Lump lingered last in line for brains, and the ones she got were sorta rotten and insane.
    4. Re:Didn't File In Time by dna_(c)(tm)(r) · · Score: 1

      Hehe way ahead of the rest (see my nick) :-P Should count as prior art...

    5. Re:Didn't File In Time by guinsu · · Score: 1

      Ok, this is totally OT, but your sig is way funnier when you imagine Mitch Hedberg saying it.

    6. Re:Didn't File In Time by Mozk · · Score: 1

      Mitch Hedberg died. :(

      --
      No existe.
    7. Re:Didn't File In Time by Anonymous Coward · · Score: 0

      Ever seen God do anything after the beginning? Zapping is certainly not done recently...

    8. Re:Didn't File In Time by lordofthechia · · Score: 1

      "I prefer the ending where the Patent Officer gets zapped."

      God: " That's right, baby, magic fingers."

      (Whole patent office catches fire)

      God: JESUS!
      Jesus: What?
      God: Get the Escalade! We're outta here!

      --
      Georgia Tech, the leader in Chia(tm) technology.
  100. What does it really mean? by evil_robot_ted · · Score: 2, Interesting

    I'm a fourth year molecular biology grad student, and the proteins I've chosen to study have been limited to only my imagination. I don't understand the business end of this prospect. Just last week I read that a certain protein is not expressed in the cell line I'm studying. To obtain that protein, I had the freedom to purchase the gene ligated into a commercial plasmid from a number of companies. But since the cDNA of this protein could fairly easily be amplified from any donor tissue, how can a company with a patent stop me from using it?

    As a scientist, am I supposed to pay somebody to use it? I don't think so.

    Though the article isn't clear about it, I think this only applies to people who intend to use certain genes for bioremediative therapy of some sort - for profit. This does not seem to affect the scores of scientists researching the patented genes. So research won't slow down, but the marketplace for any beneficial applications might. (But with the lag of the FDA anyway, what else is new?)

  101. Q here ... by Anonymous Coward · · Score: 0

    This is 'Q', I'm infuriated by this dubious patent claims on what no one invented. Hell what, this whole universe/life thing was an experiment for fun. Looks like living creatures (especially this runaway life form who call themselves humans) are taking it a bit too far. Time I stop this experiment; before it gets out of control. Remember what started it all? a big Bang? Thing we need a big Bust or another Bang or lots o'em. Can't you see and learn from the other creatures and shuddup! Bah!! I'll attend to this in the next few eons. There's Picard, Janeway and lots more to come; but wait, you still haven't Nuked each other ... and WWars are my speciality.

  102. Eh? by Anonymous Coward · · Score: 0

    If gene patents are allowed why not allow patents for all naturally occuring non-invented things? I would like to patent granite and sand please, oh and air too please.

  103. Invent vs. Discover by olddotter · · Score: 1
    Perhaps I'm just crazy, but I thought you could only patent things you invent, instead of things you discovered?!

    I remember an english class way back in my school days where we discussed how often people get these two terms mixed up. For example: Columbus disovered America; he did not invent America. Ben Franklin disovered electricity, but did not invent it. (Really bad example as I'm pretty sure people already knew about electricity, but in US schools Americans invented everything :-))

    You can discover Human Genes, but you don't invent them since they already exist. So what gives here? Is this something more alarming than the normal patent insanity? Should I file my patent on "breathing oxygen" tomorrow?

    1. Re:Invent vs. Discover by cr0sh · · Score: 1
      Ben Franklin disovered electricity, but did not invent it.

      Your points stand, but I wanted to clear up a misconception: Franklin neither discovered nor invented electricity.

      What he did do, though, was undertake an experiment to prove (indirectly) that lightning was the same as what was being called "electricity" at that time (actually, "static" electricity).

      For thousands of years prior, people did know about electricity, in the form of static electricity. Various means to generate static electricity were well known prior to Franklin, and a means was also invented to store the charge created (via the Leyden Jar, essentially a primitive non-polarized capacitor). Scientists and others prior to Franklin had speculated on the nature of lightning, since it seemed to act similar to (though at a much larger scale) as the jump of spark from a Leyden Jar. What they weren't able to come up with was a means to verify this hunch.

      Franklin came up with a (very dangerous - do not attempt this at home) method: fly a kite up into/near the clouds on a rainy (though not thundering and lightning, contrary to what you learned in school) day. Attached to the kite's string (which got wet due to the rain) was a key (or a light chain or wire - I am not sure if the key is a part of the legend or a fact). Also attached to the key, which Franklin held onto presumably under an umbrella to keep it dry, was a length of silk - probably a tie, cravat, or hankerchief as was customary then (this was to insulate Franklin from the charge being collected). The key was brought near and touching the electrode of a Leyden jar. Franklin correctly surmised that if a charge was collected in the Jar (and could be drawn off later via other ordinary means), that would prove the electrical nature of lighting. Miraculously, he wasn't killed in this attempt, and the experiment proved successful, chalking up one more point for the man. This happenned in the 1750's.

      One thing Franklin isn't so well known for: He was one of the first (maybe the first?) inventors of an electric rotary motor which ran on static electricity. Yes, it is possible - more a lab curiosity than anything else, but possible and interesting...

      Franklin's electrical experiments helped to spur on and open up electrical experimentation throughout the world - it wouldn't be until almost 50 years later (in 1800) when Alessandra Volta would invent the Volta Pile battery, changing the world and it's perceptions of electricity once again...

      --
      Reason is the Path to God - Anon
  104. In a related story... by Skim123 · · Score: 1
    I have decided to patent oxygen.

    1.) Patent oxygen
    2.) Make people pay me to breathe
    3.) Profit!!!

    --

    I could not justify my existence if I were a turkey farmer. Would I terminate myself? Undoubtably, yes.

  105. patent number? by mzwaterski · · Score: 1

    An article about patenting genes without mentioning a single patent number! Anyone have a number? There are over 86000 patents containing the term gene...

  106. Says the PTO: by Anonymous Coward · · Score: 0

    Says the PTO:

    \/\/3 0wn j00!

  107. Or more generally... by Dr.Dubious+DDQ · · Score: 5, Funny

    "All Your Base-Pair Are Belong To Us"

  108. Uh... that's called KNOWLEDGE by popo · · Score: 1


    "Researchers can patent genes because they are potentially valuable research tools"...

    Uh, yeah ... most insights into the universe from black holes, to the speed of light are potentially valuable research tools. We don't patent these... because... because...

    BECAUSE THAT WOULD FRIGGIN END ALL OTHER PROGRESS YOU R E T A R D S.

    --
    ------ The best brain training is now totally free : )
    1. Re:Uh... that's called KNOWLEDGE by Dr.Dubious+DDQ · · Score: 1

      Welcome to the broken state of the USPTO (and, most likely, patent offices in other nations as well).

      In fairness, I'm TOLD that what's being patented isn't really the gene itself, but specific uses of the gene (e.g. "use of human gene sequence [whatever] to detect expression of cancer-related gene [whatever]", to pull a conceivably representative description out of a random orifice).

      On the other hand, I'm also told that many of these "specific" uses amount to 'using the gene to discover other genes' in some vague fashion.

      So it's not at all like patenting the speed of light. But it IS like patenting "using the known speed of light to determine the distance between two objects" (for example). Should be obvious to someone "in the field" but the USPTO doesn't bother to really check on or enforce that it would seem.

    2. Re:Uh... that's called KNOWLEDGE by Anonymous Coward · · Score: 0

      No it doesnt, patents give a detailed description of the work & use, and enables people to use it as well as build on it, THO NOT USE IT COMMERCIALLY. for the sake of research/progress/greater good this shouldnt be an obstacle. However, in current society there is a lack for this anyway, since only profitable = interesting = worth investing in.

  109. That explains the cease-and-desist order.. by Anonymous+Meoward · · Score: 2, Funny
    Intellectual Property Division
    Legal Department
    Megagencorp Inc.
    2525 Prometheus Way
    Cuperfremont, CA 94949-4949

    Dear Mr. Meoward,

    It has come to our attention that you and your spouse, Mrs. Kitty Meoward,
    are actively attempting, through crude yet effective (and somewhat noisy)
    means, to duplicate the technology of our patent #3,456,789, also known
    as "Marker NH54B3". We also understand that you and Mrs. Meoward use
    every available opportunity to increase the probability of subverting our
    intellectual property. We are not amused.

    Should your efforts result in successful duplication, we will demand licensing
    royalties for the duration of the new prototype (heretofore described as
    "the Progeny"). We will demand a flat fee for sharing of this work under
    license; however, this fee will increase as the Progeny reaches an age of
    viable replication (a.k.a. "puberty"), during which it may actively seek out
    attempts at willful replication in the backseats of cars.

    We therefore demand that you cease and desist from this activity until
    you can prove that sufficient safeguards are in place either 1) to guarantee
    this fee during the lifetime of the Progeny, or 2) to keep the Progeny from
    ever existing (please submit all receipts to this department).

    Thank you for your attention to this matter.

    Sincerely,
    --
    --- The American Way of Life is not a birthright. Hell, it's not even sustainable.
    1. Re:That explains the cease-and-desist order.. by Anonymous Coward · · Score: 0

      The good news is that they won't make much money from the Slashdot crowd.

  110. Does this mean by Anonymous Coward · · Score: 0

    all you wankers are gonna have to pay up??

  111. 1/5 of Human Genes will be patent free in 20years by tlk+nnr · · Score: 1

    Is the story really news?
    In some areas, it's very cheap to come up with ideas, and thus patents, but difficult to invent useful things.
    But the good thing is that patents expire, thus in 20 years the patents have expired and institutes will be able to do research without needing five patent lawyers for each reseacher.

  112. Ive got a joke by enjahova · · Score: 1

    So this engineer that did many fabulous things in his lifetime (maybe he patented some stuff?) dies and goes up to the Gates of Heaven. When he arrives St. Peter looks him up and can't find his name! "Sorry you're going to have to go to Hell"

    So the engineer is in Hell for a while and realizing that it is quite hot, he starts doing something about it. He developes airconditioning. He installs it first for himself, but then for many other damned souls. Once he has done this he moves on to make Hell a more pleasant place, designing parks with fountains, putting in water fountains. All in all, Hell is starting to be a pretty damn pleasant place.

    Of course God looks down and is totally baffled by what is happening, Hell should be terrible! He summons Satan forth and proceeds to interrogate him.
    "What is going on?"
    "This engineer is doing great things."
    "Well he is obviously a good person, let me check something"
    So God goes to St. Peter and asks him why this engineer is not in Heaven. So St. Peter checks his books and realizes he sent the engineer to Hell by accident.
    So God goes back to the Devil and says "He belongs to me return him at once!"
    Of course the Devil refuses "Hell Naw"
    God proclaims: "Give him back or I'll SUE!"
    The Devil replies with a smirk: "How are you gonna do that? You don't have any Lawyers!"

    Its long, but I think its kinda relevant :) (Btw this joke was told to me by my uncle who is an engineer married to a lawyer)

    --
    "how can they call it a MINE if everything here is THEIRS?!?!" -Straight Jacket
  113. Where art thou, Lord? by Eli+Gottlieb · · Score: 1

    Come one, God, I know You have something to say about this! I also know You have a Slashdot account, since I was told the name was used when I tried to make one for You!

    1. Re:Where art thou, Lord? by Obsi · · Score: 1

      God's UID is 42, by the way.

      Not really.

  114. bettar than real! by Thud457 · · Score: 1
    CG T&A isn't based upon DNA technology.

    I don't understand why, in today's CG special-effects happy Hollywood, they chose to have a real person play a computer game character.

    --

    the preceding comment is my own and in no way reflects the opinion of the Joint Chiefs of Staff

  115. Gene Patent by JackL · · Score: 1

    From the article:
    Gene patents give their owners property rights over gene sequences--for example in a diagnostic test, as a test for the efficacy of a new drug, or in the production of therapeutic proteins," Murray said

    So what they are really doing is patenting a use for the gene. Typical uses for that gene, such as normal function in your body, would not be patentable.

    The problem with the article as it was posted is that it basically reads as:
    Companies patent hammer. Actually what is being patented is a novel use of a hammer. Discuss the appropriateness of that all you want. But your question drives at the heart of what is important here - just what are we discussing.

    Jack

  116. License to Pr-create by methos1125 · · Score: 1

    Ok, So does this mean that in order to have Children, I need to pay royalty to a number (or all) of these firms/universities? Oops, did I say that out loud?

  117. Who gives a crap by Anonymous Coward · · Score: 0

    One day the US is going to learn... if you can't play nice, then no one will want to play with you.

    In other words, if US patents are found to be too stifling for the rest of the world, they will be ignored - to the detriment of the US I might add.

  118. Consider this... by Anonymous Coward · · Score: 0

    Consider this. If biotech firms were unable to patent gene detection schemes, then they would just keep the gene detection scheme as a trade secret forever. To patent it, they have to describe it, and once the patent runs out in 17 years tops, the description becomes property of the public domain.

    It's almost like someone designed this system to encourage the "advancement of the arts and sciences..." Whoever did that must have been a smart cookie.

  119. Breaking news... by jferris · · Score: 1

    Microsoft today acquired Incyte for an undisclosed amount of money. When asked for comments, Bill Gates was only heard to be muttering something about the "8.5% left before all your base are belong to us". Ballmer was downright giddy to reporters, stating that when Microsoft gained majority control of all people, Slashdotters would be restricted from chair-throwing comments.

    --
    You are in a maze of little twisting passages, all different.
  120. This gives me an idea by KilobyteKnight · · Score: 1

    Looking out my office window out towards the MS River after reading this story gives me an idea. I should patent rivers. I mean really, if natural discoveries can be patened, why shouldn't I get in on it? It's not like Hernando Desoto bothered to patent it. And why stop at rivers? I could patent the water that flows in them.

    Let's see Microsoft top that with a XML patent. A patent on water would be a huge bargaining chip, don't you think? Are you thirsty Bill?

    This could be so profitable...

    (running to the patent office before someone patents oxygen)

    --
    When will Windows be ready for the desktop?
  121. Gene sequences can be used for more than that... by Dr.Dubious+DDQ · · Score: 1

    While I strongly agree that the patent process here (like many other places - patents in this area often remind of me of software patents) is being horribly abused, there ARE some potential non-obvious uses for gene sequences besides making proteins.

    Antisense RNA therapy, for example (put simply, it's a way of performing a denial-of-service attack against the expression of a particular gene - handy if the gene in question is one that causes, say, growth of a cancerous tumor.)

  122. Should I hold my breath? by Guppy06 · · Score: 2, Interesting

    Where were all the "Intelligent Design" Republicans during this? If there's a designer, then it's all prior art, so why isn't the GOP stepping up to the plate on this?

    1. Re:Should I hold my breath? by nizo · · Score: 1

      Because they are still waiting for their campaign contributions from God, while the Pfizers of the world are all paid up?

  123. What have they invented??? by e_armadillo · · Score: 1, Insightful

    we are patenting the laboratory copy of that thing.

    I didn't think you could patent copies of things. I thought it had to be an actual invention, and they can't really say that they have invented anything.

    It just doesn't seem right.

  124. Not actually THAT bad by Darth+Cow · · Score: 1

    Patents don't stop the progress of knowledge by third parties: according to patent law, universities can still do research using patented methods. They just can't sell it.

    Also, I would suspect that most of these patents will thankfully expire long before anyone has any real use for them.

  125. not the original intent by CDPatten · · Score: 1

    Originally patents were created for mechanical inventions, and designed to protect the creator. The notion that someone can patent software is absurd. Copyright your code sure, patent, no. Patenting a train of thought, or writings, is stupid. Soon we will be seeing companies trying to patent every word in the English dictionary, and idiots defending them saying its their "trademark"... blah blah blah.

    A legitimate patent on DNA can only be filed by its creator... since science believes in evolution they are out of luck, the rest of the world can look to God and Allah. If you want to stretch it you could say the first people to use the DNA, and I don't see Adam or Eve's names anywhere on the patent.

  126. Blasphemy!! by Tmack · · Score: 2, Informative
    Everyone knows the prior art belongs to his noodly appendage!

    have a saucy Ramendan

    tm

    --
    Support TBI Research: http://www.raisinhope.org
  127. and it may well... by KillShill · · Score: 1

    wake up the public and chuck the whole "intellectual property" garbage out of the window.

    it's crap like this that may finally make people realize just what the hell all this patent/copyright/trademark nonsense is really about.

    people don't "understand" digital rights. but they sure as hell know their body and its blueprints belong to no one, especially not some soul sucking corporation.

    hallelujah, we're well on our way now.

    --
    Science : Proprietary , Knowledge : Open Source
  128. use of the gene in its natural state... by temojen · · Score: 1

    You might want to ask Percy Schmeiser how that one holds up in court.

  129. RIAA by WallaceAndGromit · · Score: 1

    Pretty soon the RIAA really will own you! or better yet... In Soviet ____, you don't own the companies, they own you!

    --
    Name: Mr. Anon E Mouse; SSN: 555-55-5555
    1. Re:RIAA by Taladar · · Score: 2, Funny

      In Soviet Russia the companies are owned by the people so naturally it must be the other way around in the US.

  130. They came about the same way. by itomato · · Score: 1

    They plurted or came clawing through their own Mothers and Grandmothers.

    Grandma Jeanne and Grandpa Monroe were just doing what came naturally, as their Grandparents did.

    None of them crafted or came up with anything. The whole "God" thing is not to say "He" did it with "His" hands, but that said prior art is "God".

    1. Re:They came about the same way. by ehiris · · Score: 1

      So if they did something that came naturally to them, they shouldn't get credited with it? Might not translate into dollars but it is something they did. Partner selection is just one of the things they had to work on. Building places and creating an environment to which a specific gene can adapt to is another.

    2. Re:They came about the same way. by Anonymous Coward · · Score: 0

      Genes don't adapt, they mutate. Either by design or by chance somewhat like a Rolex watch except more more complicated. Go figure, that's what leads to change in species. Mind boggling unless the concept is given a cursory look.

      I'd like to patent a mutagen like UV light. Possibly a wavelength range not found in sunlight. That'd be like money in the genbank.

      I'd like to patent the gene sequence that makes testosterone. Here's the paperwork. Now it's mine. Then I'd start a testosterone factory of tiny bacteria and start selling it to athletes and become really rich.

  131. All your base erm genetic makeup rather by g0bshiTe · · Score: 1

    This is past the point of rediculous, I mean come on, today Patent Lawyers are the worse than ambulance chasers.

    --
    I am Bennett Haselton! I am Bennett Haselton!
  132. This holds true in the US by aztektum · · Score: 1

    But other parts of the world aren't obligated to recognize a US corps. patent. Thus we are really only shooting ourselves in the foot, while companies in other parts of the world have free reign to invest in gene research without paying a gatekeeper.

    --
    :: aztek ::
    No sig for you!!
  133. I wonder by dtfinch · · Score: 1

    How hard would it be to patent the rest of it in one fell swoop? Just attach a copy of the remaining human genome as a prototype and roughly describe what it does, in broad, overreaching terms because you don't understand it all yet. Leave it to the courts figure out what your patent really covers.

  134. Patent by Enrique1218 · · Score: 1

    Patenting genes is plausible. Genes are blueprints that code for protein that can be use in medicine. Insulin is a good example of a drug derived from genetic engineering. Moreover, it is theoretically possible to design DNA sequences to created any type of protein analgous to software writing. The latter is not as practical at this time as the former. With the amount time, effort, and money expended into identifying genes, patents should be issue for that were design by natural selection so as a way to stimulate further gene research. To tackle today's diseases, we need that to know those sequences.

    --
    You don't have to be smart to use a Mac, you just have to be smart enough to buy one
    1. Re:Patent by artson · · Score: 1
      "Insulin is a good example of a drug derived from genetic engineering."
      Banting and Best would be fascinated to hear it.

      Or else your use of English is sloppy to the point of incomprensibility.
      --
      In times of trouble, the smell of frying onions usually gives confidence and comfort.
    2. Re:Patent by Enrique1218 · · Score: 1

      Your are an idiot. If you pay attention in high school biology, you might know this. To treat diabetes... Let me dumb this down for you first. Insulin is produce by the pancreas to regulate gluclose ..err .. sugar levels in your body. When the pancreas no longer produce insulin in sufficient quantity, you get a disease called diabetes (or at least on type, but let's not confuse you). To treat this disease, the body must be supplemented with insulin. So, how do you get it? Well, you could harvest it from other animals but there are purification issues. So, you take the gene that codes for human insulin and you splice into a plasmid DNA strand. Then, implant it in a bacterium which will produce human insulin using its own translation mechanisms. That is genetic engineering and is a good example of using a DNA sequence to produce a protein for medicinal purpose. Go to school before you post on slashdot.

      --
      You don't have to be smart to use a Mac, you just have to be smart enough to buy one
    3. Re:Patent by artson · · Score: 1

      Learn some history. Hostility is a poor response. Use the preview button to correct your atrocious English.

      --
      In times of trouble, the smell of frying onions usually gives confidence and comfort.
  135. "Gene Patent" example by TheSync · · Score: 3, Interesting

    Here is an example of a "Gene Patent" Nucleotide sequences which code for the menE gene, United States Patent 6946271.

    It really looks like most of the claims are about the sequence, not any particular utility for it! Of course, it does say what the proteins that the sequence codes for is and does.

  136. how about this... by BenSchuarmer · · Score: 1

    1) find the gene that makes people want to patent genes. 2) patent it 3) use that patent judiciously 4) problem solved!

  137. Re:Correction, a quick question by ace1317 · · Score: 1

    so if I understand you correctly they're not patenting the DNA sequence that makes up the gene itself, but the sequence of the complement? Of which there is only 1 for a given gene, although given the length of genes having a few mismatched bases is easily overcome with a bit of temperature control. Or are you saying that the patent is on a method of gene detection, e.g. PCR followed by a specific annealing/blot test? I'm curious, because if it's patenting the actual sequences then tomorrow I'm patenting the synthetic DNA sequences I (and many many other people) are using for nanotech research.

  138. Patently stupid by ozbird · · Score: 1

    Why not just patent the elements and be done with it? There's no intellectual property here, they are just (re)discovering prior art.

  139. so let me get this straight.... by Anonymous Coward · · Score: 0

    they can own a part of me?

    I have always known that patent law in the US was a little cooky but what are they going to have next?

    slashdot healdine - *blank and blank company patents your penis*

    sorry guys but this is just crazy

  140. Not worried...got the RIAA on my side! by Anonymous Coward · · Score: 0

    My anthology of genetic material has been copyrighted. Just let them try anything with me....

    Should soon have a torrent up so you can all sample my tasty goodness.

  141. No, we don't extend patents. by Grendel+Drago · · Score: 3, Insightful

    You see, the tension in copyrights is between large media stakeholders and the great unwashed who want to watch Marx Brothers movies for free.

    The tension in patents is between large monolithic corporations which can afford the patent rigmarole and large monolithic corporations looking to build off existing R&D.

    In one case, there's a balance of power. In the other, there's not. Hence copyright is extended, while patents remain the same.

    --
    Laws do not persuade just because they threaten. --Seneca
  142. D = A, G, or T by Momomoto · · Score: 3, Informative

    If you're talking about base pairs, at least (It's aspartic acid if you're talking about amino acids).

    It's represented as such because it's the next letter after C.

    Similarly, B is C, G, or T; H is A, C, or T; and V is A, C, or G.

    --
    "Max, come over here. French-Canadian bean soup. I want to pay. Let them leave me alone." - Dutch Schultz
  143. Re:Searching... what if... by Elixon · · Score: 1

    How they succeeded to patent genes? Did the God missed the oportunity to protest? Or did the God's application got rejected because it didn't meet some buerocratic requirements? :-)

    I'm wandering how long it will take us to realize that patents simply forbid the mankind from using its knowledge in full for the benefit of all of us. (And of course for benefits of certain individuals, but this "dark side" cannot be the reason to continue in current direction...)

    Maybe one day you can get in situation when you will think about "what if". What if the cure for the cancer your grandma is dying of could be found if all the knowledge was freely available to anybody who can use it... What if... we were simply stupid in our effort to forbid the natural usage of the knowledge by persecusion (law).

    --
    Well, I've got to get back to work. When I stop rowing, the slave ship just goes in circles.
  144. Wait 20 years... probably a good thing actually by Qrlx · · Score: 1

    Patents expire in 20 years. So genetics research will be stifled for 20 years. Not such a tragedy in my opinion.

    More of a tragedy if you or a loved one could benefit from what's being kept in the dark or never developed, no doubt.

    You know these genes were just patented with the rationale that "if we don't do it, somebody else will, so we better do it first." Net profit for shareholders and mankind: nil, at best.

  145. Wrong, AFAIK by Anonymous Coward · · Score: 0

    AFAIK this is incorrect - it is my understanding that for example Myriad (or whatever they're called now) owning the BRCA1 & 2 patent means that they "own" the information that these genes are involved in cancer. I.e. it wouldn't matter how you found out the sequence of your DNA, if you acquire the knowledge of whether or not you are predisposed to cancer by your BRCA1/2 alleles without going through Myriad, you violate the patent. For more details check this position statement by the NCIC out.

    Scumbags.

  146. What about a nanobot reading each gene.. by Anonymous Coward · · Score: 0

    So if you develope a small nanobot/nanodevice that can read and either store the gene information, or else send the information to an external storage device (computer network/computer on your desktop etc), do these patents cover these new future technologies of reading DNA gene information?
    What if, for instance you havd a way of treating a cell and using, say, a laser to read out the cells DNA information?

  147. How... by Cinder6 · · Score: 1

    How can you patent something that is natural, and never made by humans? Maybe I should go patent trees! And water!

    --
    If you can't convince them, convict them.
  148. Owned by Anonymous Coward · · Score: 0

    The human race has officially been "Pwnz0red"

  149. 15 years by Anonymous Coward · · Score: 0

    and the patents expire, and they're in the public domain. This isn't a big deal.

  150. Those "patents" are de facto invalid by Ray+Alloc · · Score: 0

    Billions of people are "infringin" everyday. And you know what the scums who patented the genes can do ?

    NOTHING.

    Ahah.

  151. Oh yeah? by manifoldronin · · Score: 1
    They can pry my genes out of my cold, dead hand!

    Well, maybe also my son's, if I had one...

    --
    Tyranny isn't the worst enemy of a democracy. Cynicism is.
  152. Bodily Function by nurb432 · · Score: 1

    How in the world can you patent a bodily function?

    This is just insane.

    Sure, patent products that use these genes, but to patent what is naturally occuring in nature ( for millions of years even.. )?

    What is next, the old joke about patenting "breathing".

    --
    ---- Booth was a patriot ----
  153. There must be a way.... by nemik · · Score: 1

    Isn't there any way we can open source genes? with a knife?

  154. Can I patent Organs? by manno · · Score: 1

    I'm going to patent the human heart, or maybe I'll be gratious, and just patenet one of its valves.

  155. not on genes! by itzdandy · · Score: 1

    this is/was/will be posted a number of times, please dont count the 'facts' as a dup, but the opinion as the post..thanks

    #1 - the patent is on the method of 'useing' or 'detecting' the genes for research and development purposes.

    #2 - 'prior art' by god(if you believe) or by nature(if you dont) MATTERS. creating in some way not only made these genes but also can read and manipulate them!

    #3 - under #2, i believe that the attempt to decrypt the gene code to study or modify said genes is a direct violation of the DMCA. just because we cannot read nature's/god's patent, does not mean it doesn't apply. although the 'supreme patent' may have expired, and in that case the gene code is public domain.

    #4 - if their is no hell or god, then a god will spontaneously form and create hell specifically for these people who patent genes. hell will be occupied by genetic patenters, car salesmen, and prosecuting attourneys.

    #5 - i guess this may make cloneing illegal via patent violation!

  156. DMCA? by Comatose51 · · Score: 1

    Can we invoke the DMCA on these companies? Obviously their decoding of our genes violates the content protection system put in place by our ancestors who came up with this way of encoding information. We could let this all go with a reciprocal agreement. They can decode the genome and we get to use the patents. Deal?

    --
    EvilCON - Made Famous by /.
  157. In other, Important legal news.. by BlackMesaLabs · · Score: 0

    SCO claims humans have stolen their genetic codes. Comparisons between SCO CEO and human were inconclusive.

  158. Thinking out of the box (jail) by Anonymous Coward · · Score: 0

    genes come in the front door patents go out the back door.
            They should be put in jail for patenting work that we paid for.

  159. Gene patents are absurd... by rdean400 · · Score: 1

    I can see patenting the methods for discovering what the gene does, or for creating a NEW gene, or monitoring what various chemicals do to genes, but isn't this like patenting water?

    This is an affront to the very concept of science.

  160. No easy answer to this... by Max+Nugget · · Score: 3, Insightful

    I know it's easy to call "evil" on the bioengineering firms that are filing these patents, but this issue is much more shades-of-grey than that.

    These companies are basically patenting roadmaps for the different genes in human DNA. The research involved in creating one of these roadmaps is VERY expensive. Tremendous medical progress will result from having these roadmaps, and that progress will benefit everyone, but someone has to make the big investments first to get us there. Just as we're seeing with space travel, private industry is more likely to fit the bill for this kind of "long road to profit" work than the federal government is.

    Now, I'm not completely in agreement with the idea of being able to patent these roadmaps, but you can't have a debate on this without examining the alternatives:

    1) If the populace were more enthusiastic about making serious bioengineering progress, the government could perhaps spend more money on this research, resulting in more of these roadmaps being public domain right off the bat, and thus allowing more private companies to compete with products based on those roadmaps. On the other hand, making the roadmaps might be expensive, but so is everything in the business plan that follows it. So, increased potential competition might actually discourage competition, though I'm sure in the end supply-and-demand guarantees that someone will take the plunge and try to profit from making next-generation genomics-derived products and services, so maybe my point here isn't valid.

    2) I'm not a bioengineering expert, but it seems to me that trade secrets would be more appropriate than patents here. Company X spent $50 million figuring out a gene? OK, well, let them keep the results to themselves, they can release products based off of it, and the only people they'll have to worry about competing with are the other ones who independently spent $50 million to figure out that same information. This seems a more fair compromise, rather than demanding full exclusivity. I am, of course, assuming that it's easy to keep this information secret while simultaneously releasing products derived from it, and, not being an expert in the field, I don't know if this is possible or not.

    3) On the other hand, using patents has its advantages to the public good. Firstly, given the still-limited spending on research into this area, it *is* somewhat wasteful for multiple companies to simultaneously invent the same wheel, when there are so many other wheels companies could be inventing at this very opportune point in time. So, in other words, there's SO MANY opportunties opened up by biotech, genomics, nanotech, etc, that we might be better off encouraging companies not to compete for the time being. There's enough "killer apps" for everyone, in this case.

    4) Another advantage of patents to the public good: After 20 years, when the patents expire, the expensive-to-produce roadmaps are both freely available AND public domain, so anyone can obtain and make use of them. By contrast, if companies went the trade secret route, there's no real motivation to ever release the roadmaps to the public domain at all, nevermind in as little as 20 years.

    Of course, none of these points of view are perfect. But I present them simply because I don't think the knee-jerk "patents are evil, patenting human genomes is ESPECIALLY evil" applies here. Given the various possibilities, I think the patent situation is one of the better ones. Of course, it would be better if one company didn't own such a large percentage of the patents.

    Certainly I can't think of any entirely perfect way for all this to unfold, but however it unfolds, the benefits to come from all of this will be unfathomable. Really it's just a question of

    1) How QUICKLY will progress in these fields be made?

    and

    2) How long will it take to trickle down and become affordable to the masses?

    1. Re:No easy answer to this... by Coleco · · Score: 1

      Actually the human genome project was publicly funded.

      With that information in hand Identifying genes is not as expensive as you would think.

      Computer tools, (ie, BLAST) will tell you the 'potential genes' by their sequence (which we have). It's then just a matter of confirming what they do and if they are functional. Once you're at this point it doesn't cost you much. Yes it costs you but certainly not 50 million dollars.

      The USPTO is asleep at the wheel because you follow fairly well established protocols to identify genes. There's nothing 'innovative' about those protocols these days. Certainly the identification of a gene falls under the category of 'discovery' and not 'invention'. Theoretically inventions are patentable and discoveries are not.

      I would imagine the dumbness of the USPTO is such that they might even grant patents based on 'prospective' genes, ie, running a BLAST search for some known gene in the rat genome against the human genome. In that case you could 'discover' genes in 5 minutes.

      Also there's a potential for conflict based on the fact that a patent restricts use of the gene in any way. So publicly available genes then couldn't be used after they're identified? How screwball is that.

      Trade secrets doesn't work because prospective genes are easy enough to find (because again, the entire genome is available) that your secret gene would be discovered by others pretty fast.

      Patenting gene constructs, ie, GMOs I don't have a problem with because they're engineered and obviously inventions.

      In this case patents *are* evil.

      Because,

      The patent holders are more inclined I think to sell use of the gene for profit (as ip) rather than applying the knowledge themselves.

      Also remember that the acquisition of data identifying the gene in question was done using protocols and techniques in the public domain, probably developed by academia.

      The entire situation is pretty much a crook of shit rip off.

    2. Re:No easy answer to this... by Max+Nugget · · Score: 1

      Well, I don't have the means to evaluate whether what you said is accurate (nor to evaluate if what I speculated previously is accurate), but if it is, then I'd have to agree some of the conclusions you've made. Patents were designed for things that are, in the patent office's words, "non-obvious" (as it applies here, not something you find out easily by using established protocols), and innovative. I was under the impression they were patenting (complex) methods for working with or manipulating particular genes, which I would call innovation, but your description does make it sound more like simply discovery. Certainly I'd be concerned if these things took "5 minutes" of research to "discover."

      Anyone else with knowledge of this field want to chime in?

  161. Who's sueing a friggin farmer. by falconwolf · · Score: 1

    The REAL reason Monsanto would sue that farmer would be so that the Monsanto sponsored farmer could by his land, with Monsanto's help. In exchange the farmer who aquired the new land would have to sign a contract stating they would purchase Monsanto seed exclusively for all their crops - but didn't set a price. Then Monsanto jacks the cost to that farmer just enough to fleece him indefinitely, but not enough to put him out of business.

    It's, Monsanto suing a farmer, has already happened:

    Monsanto vs. Schmeiser"

    Faclon
    1. Re:Who's sueing a friggin farmer. by Irish_Samurai · · Score: 1

      I was refering to the farmer in my explanation, who does not exist and therefore has not been sued.

      It was a parallel.

      Next time you decide to criticize someone's grammer, spell your name right, Faclon.

    2. Re:Who's sueing a friggin farmer. by falconwolf · · Score: 1

      I was refering to the farmer in my explanation, who does not exist and therefore has not been sued

      My purpose was to give an example of an actual case of a farmer being sued by Monsanto. And though I didn't say it before, the farmer did lose the lawsuit.

      Next time you decide to criticize someone's grammer

      Now when have I even critized anyone's grammer on slashdot? I don't recall doing so, however I do admit that my memory is bad, so can you show me where I did?

      Falcon
    3. Re:Who's sueing a friggin farmer. by Irish_Samurai · · Score: 1

      I mistook you referencing the actual case, which in the context of the post I was refering to assumed was real, as a correction of my verb tense.

      Sorry for the mistake.

      I also assumed that he lost too, but that's me just being cynical.

  162. How can... by VxJasonxV · · Score: 1

    Am I missing something here?
    How can someone patent something that is not theirs.

    Surely you can't patent a discovery, but you can be credited.
    Not to mention they discovered something that (nearly) every human being has (more living organisms too?), and was not given to them by anyone person on this earth.
    (Hey, "God is one of us" zealots, SHUT IT)

  163. Overpopulation solved by Anonymous Coward · · Score: 0

    Excellent. As soon as these companies begin to charging royalties for the gene reproduction and begin cracking down on "unauthorized duplication", all the world's overpopulation woes will be solved. This is a good thing, no?

  164. That was that $5 fee! by Anonymous Coward · · Score: 0

    I didn't complain when she requested it, but I was wondering what the extra $5 was last time I spent some time with a prostitute. Remember kids, always get an itemized receipt!

    Wait... she shouldn't have to pay royalties unless she meant to use those genes. Well, time to write those child support checks.

  165. Didn't the US ban slavery? by mikek3332002 · · Score: 1

    Didn't Americans have a civil war to completely ban ownership of humans. Then corporations come along and only enslave/own 20% of people.

  166. In Communist Russia...sort of by cnerd2025 · · Score: 1

    The US has now granted 1/5 of all human genes to be copyrighted. In the next 5 years estimates show the number of genes patented to extend to nearly 7/8ths of all genes. Therefore by the year 2014, nearly 99% of the human genome will be patented (and most of those patents will be held by faceless corporations). So, in an effort to bring China to its knees, the US has adopted its one child per family policy. But, being the blasphemous Americans that we are (of which I am "proud" to be), the US Government will begin filing lawsuits against those who are born without the express permission of patent holders. Then, each person born in the US will have a small stamp affixed to their birth certificates stating that they are the results of intellectual property of various corporation, and a small fee, lets say, a stamp tax will be payed as royalties, as part of its law, called the STIMP Act (Stamp Tax for Accounting of Intellectual Property). Then, if someone claims that they themselves are prior art, the government will apply Eminent Domain and terminate the person's life. Because we support the death penalty! But abortion is morally wrong! And the result of this awesome energy was euphemistically called the Genesis Planet, a secret base from which to launch the annihilation of creativity and self-expression. We demand the extradition of monopolies, we demand justice!...Remember this well, there shall be no peace as long as [RIAA] "lives"! (You pompous ass!) Yes, we Nerds and Geeks are a proud race, and we will continue on being proud, but that does not mean we stand for principles without reason! We have the right to preserve our race! (You have the right to commit theft!) [RIAA] has been charged with nine violations of copyright legislation. Copyright Legislation! Behold the quinticential devil in these matters, RIAA: renegade and terrorist. Not only is it responsible for the lack of quality, the murder of self-expression. Behold the real plot and intentions. Just as intellectual property was becoming more free, studios were secretly developing DRM and other methods to "protect" the unprotectable: that which was born free.

    Ok, having butchered enough of that Klingon debate and rearranged it, I think I've kept myself from falling victim to one of Paramount's copyright raids. I am really outraged by this though. Patents, copyright, trade secrets: all are just manifestations of the same lie. Property is something that one is able to own, to do with what he or she pleases. It doesn't matter if he or she created the object. Let's take coffe for example. Very few people like their coffee exactly the same way. But many people order (overpriced) coffee at Starbucks. Starbucks doesn't (and cannot) place restrictions on how someone fixes their coffee. Someone could drink the doctored coffee and say "that is the worst shit in the world" and slam Starbucks, even though it was the friend who doctored the coffee himself. Coffee is a good example because it's something we can all relate to. We all have the natural rights to do with our property what we please. Property does not extend into the virtual realm. This argument that "intellectual property" can be licensed is absurd. When you buy a cup of coffee, you buy the cup, the liquid, and the various straws and stirs and things. You consume the coffee, then do whatever you want to. You could buy some coffee and share it with someone. You could use it as sculpture or as a political statement (although I'm a bit dumbfounded as to how). The bottom line is that "intellectual property" is actually very narrow. I'd be pissed off if someone came into my head and stole my ideas to profit by that. But this is the one "intellectual property" not protected by law! Ideas can't be protected, only manifestations. So what defines a peice of music? What defines a gene sequence? What defines anything? The answer is that none of it is definable. It is all in a legal sense the same bloddy thing. In fact, everything is made of the 12 fundamental particles and antiparticles. So it's jus

  167. Correction: by schon · · Score: 1

    s/corn/canola/g

  168. You cannot patent nature... by Khyber · · Score: 1

    Nature made us....

    Nature's way of gene propogation/proliferation is NATURAL...

    YOU CANNOT PATENT NATURE....

    PATENT OFFICE: YOU NEED TO WAKE THE FUCK UP....... OR YOU NEED TO KEEP SREWING UP AND LET THE US POPULATION TAKE YOU OUT.

    The USPTO has absolutely lost their mind when they're trying to patent/allow to be patented parts of nature that HAVE BEEN IN EXISTENCE BEFORE WE HAD A MIND TO COMPREHEND NATURE AND IT'S GENETIC FACTORS UPON US.

    Why are we trying to patent something nature has already created?? If the genetic combination is possible, it should not be patentable, PERIOD. If nature can create it, mankind has no right to try patenting it.

    --
    Still waiting on Serviscope_minor to wake up to fucking reality and realize that Jessica Price isn't going to fuck him.
    1. Re:You cannot patent nature... by erbmjw · · Score: 1

      If I correctly understand the articles that I have read on the issue then the patent office is not issuing patents on naturally occurring substances - they are issuing them because groups involved in the the research want protection for 1) the process to discover a particular sequence 2) the "purified" form of the naturally occurring sequence ( ie a non natural sequence ) If it is a naturally occurring sequence - it can't be patented. So no the patent holders can't stop research on, or production of ;) the naturally occurring sequence but they can stop you from using a particular process to discover a particular sequence and from making their version of a "purified" form of the naturally occurring sequence.

  169. So did Rick James ... by Agarax · · Score: 1
    ... but we are still laughing at Chappelle*.
    *This does not include annoying little fuckwit 14 yearolds who parrot it in chatrooms.
    --
    Remember folks, slashdot doesn't have a -1 "disagree" moderation!
  170. And you thought software patents were bad by tfiedler · · Score: 1

    All the geeks of the world found a way to make every one one of their websites feature a sturdy black "software patents are bad" page a short while ago.... perhaps we should really be concerned about corporate/institutional ownership of the instructions for life?

    I personally am sick of GMO food and genetic patents, and all of this patent crap. I don't particularly care what science tells me, or whether it's true or not, regarding the safety of the product. As a human I have some right to natural things, food being of primary consideration, over some company's right to profit.

    I hope some country or block of countries tells the patent happy world to take a flying leap.

    --
    Democrats and Republicans are like AIDS and Cancer, I want neither!
  171. Canada lets you own your own genes by Ragica · · Score: 1
    Supreme Court of Canada made a ruling nearly 3 years ago that genes of higher life forms can not be patented here (ie. Canada, where I am). The higher life form at the center of this case was a mouse.

    Yet another reason why freedom loving people love Canada. (-:

  172. US Patent System -- Total Screw Up! by Anonymous Coward · · Score: 0

    This simply shows how screw up the US patent system is, and how much countries that make commerce agreements with the US will suffer in the future. For them, it's either make a few bucks now and suffer for decades to come... ...Basically, how the fuck can you patent something that appears in nature? This is absurd as patenting Water. Just completely dumb!

  173. prior art by smash · · Score: 1
    I'm walking prior art.

    smash.

    --
    I run: Windows, OS X, Linux, FreeBSD. Just because you have a hammer, doesn't mean everything is a nail.
    1. Re:prior art by ZhuLien · · Score: 1

      I was thinking the exact same thing... How can someone patent part of me? Does that mean I need a licence to exist?

  174. Patenting genes by Anonymous Coward · · Score: 0

    Well it seems fairly clear that a thread like this will generate the obvious interest. One has to remember that the United States of America is the country that attempts to declare ownership of obvious natural elements, rather than the complex process of delivering product to market, in order to protect future capital.

    What this demonstrates to the external 1st world commercial sectors is:

    A) The United States government is capable of allowing frivelous activies like this to exist, thus generating costs, time and lack of production in certain sectors, at a time when the United States health system and economy is obviously in a state of absolute disarray (I live in a country where I have friends recently who visited the US, and had health issues, and being from another 1st world country, the medical system in America is less than 3rd world. Sorry guys, but it's the truth, just look at your inability to respond to Katrina and look after your own citizens. How can you tell the world what to do, when you can't even look after yourselves.)

    B) That the conservative groups who vote for political parties like the current people have lost their judicial wisdom to select correct political leaders, and the people who serve the republican party, that whilst they do make many attempts to perform governing for the better sake of the people, have also demonstrated a complete, immature and inept ability to both govern foreign policy, and internal civil matters.

    C) That in the average American's ignorance, they are completely, utterly, and totally unaware, of how embarrasing it is, for any man woman or child, to think they could patent something like a human gene. Don't concern yourself with God and dramatism etc.... In Reality, history, past experience tells us, if you make a grab for control of a God like nature (look in your history gentlemen) then people (whether they be US citizens, judges etc...or the same from overseas) will quite correctly tell you to check yourself.

    God is so confident in his inventions, he doesn't even need to waste time in a court of law, to pretend that he needs to defend the charge, of not inventing the human gene. He knows it. We simply waste our time pretending amongst ourselves it's possibly true when obviously it is not.

    Hypothetical:
    ------------
    Quite clearly, these institutions will also be able to argue, in a valid court of law, be it American, International, where ever, that as proof on record they invented the human gene, they are therefor able to invent other, amazing life technology. If as a result of their sitting back, after having invented the human gene, and not invented the cures to all these diseases that can directly be correlated to ownership of invention with that gene, they can then obviously be held for negligence to the human race....
    ------------

    Yes, it's an unrealistic point of view, but in reality, so is patenting the human gene. The harder you try to insist on false concepts, the more you will have what is apparently "bull#$%$" thrown back in your face.

    Conclusion?

    Do what you can, to kindly, calmly remind the gentlemen involved, that they are fooling themselves, and in the long run, they will only ever be able to look back at their own professional careers, as a negative, untruthful attempt at success for mankind.

    Sort of like being half pregnant......

  175. Franklin stove? Interesting example... by The+Wicked+Priest · · Score: 1

    ...as Franklin was opposed to patents, and famously did not patent his stove, nor any of his other inventions.

    --
    Share and Enjoy: 09 F9 11 02 9D 74 E3 5B D8 41 56 C5 63 56 88 C0
  176. Is it just me by cytg.net · · Score: 1

    or is this old patent concept ~1790 due for a rewamping anno 2005 ? this is about as ridiculus as certain software patents.

  177. Taking credit for someone else's work... by milette · · Score: 1

    Talk about having the balls to take credit for someone else's work -- this time Americans have reached the top. What's next? Some American company going to patent the Universe?

  178. More Problems Than The Current Patents by Fotinakis · · Score: 1

    Not only does it "block other uses, including research" from doing anything helpful with the gene sequence's application, which is the part patented, the thousands and thousands of patents that are enqueued in the US Patent Office highly discourage companies and research firms from wanting to do anything related to new gene-sequence based experiments and research. Sure, the work may be very helpful to millions of people, but who wants to work with something that could possibly turn out to be patented in a few years---and then having to pay huge licensing fees to continue work or to sell a product.

    Not only do current patents discourage work with gene sequences, but the fear of future patents and enqueued patents deteriorate the progression of research as well.

  179. Irrelevant by Anonymous Coward · · Score: 0
    Sure, they patent "applications" of the gene rather than the gene itself, since patent law restricts them to doing that. However they patent every possible application they can possibly think of despite often having no idea how to do any of them, and certainly having no proven process for doing them. The effect is to deny use of the gene for anything almost as surely as if the gene itself could be patented.

    The patent system needs to require working prototypes and enforcing true "novel and non-obvious" tests, or this sort of insane abuse will continue.

  180. Sorry for the mistake. by falconwolf · · Score: 1

    That's all right. Due to an injury I survived, literally survived as when I was in a coma after an accident the docs told my family it'd be a miracle if I lived, all too often I make mistakes.

    I also assumed that he lost too, but that's me just being cynical.

    Before I checked to make sure I thought he lost as well as it seems businesses can get away with many things. Seems all that matters is how much money can be saved and/or made.

    Faclon
  181. discovery isn't patentable by timmarhy · · Score: 1
    call me crazy but i thought only inventioins were able to be patented. simplely dicovering something which has existed for millions of years isn't an invention. what do they plan to do with it anyway, try charge me $100 because i have blue eyes and they have patented the gene for blue eyes?

    well, they CAN try...

    i guess on a long shot they can patent a certain method of manupliating genes or something, or a METHOD of discovery, but not the genes or their use of them. i mean seriously i'm using them right now, are they going to try tell me it's due to their patent?

    you patent system has gone insane, write to your senators, call them and pressure them.remind them who they fucking work for.

    --
    If you mod me down, I will become more powerful than you can imagine....
  182. Mods on crack alert! by Anonymous Coward · · Score: 0
    Parent is not a troll. It's from Team America: World Police.
    Gary Johnston: Bak. Derk-derk-Allah. Derka derka, Mohammed Jihad. Baka sherpa-sherpa. Abaka-la.
    Terrorist: Ohhh! Derka derka derka!
    [Allows Gary into terrorist hideout]
    See also 4th paragraph here
  183. Oh GREAT ... by NoSalt · · Score: 1

    Now those companies are going to start suing us (ala the RIAA) for unauthorized use of those genes. We'll have to obtain a license so we can go on existing. My question is now ... does making copies of ourselves (i.e., babies) constitute "fair use" or will they try to grab us for that as well???

  184. If you can't keep it your pants... by Anonymous Coward · · Score: 0
    Yet incest is a sin according to Deuteronomy: "Cursed be he that lieth with his sister, the daughter of his father, or the daughter of this mother..." Deuteronomy 27:22

    That's why God leaves more than one couple after a flood (such as Noah's three sons and their wives): kissing kousins is kosher. =P

    But if you want to piss off a southern Baptist, ask them where the wives of Cain and Abel came from.