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Venter Institute Claims Patent on Synthetic Life

jimsnail writes "J. Craig Venter and the Institute that bears his name are again moving into new territory in the field of genetics. Genetic patents, that is. They are seeking a broad patent that would give them ownership of a 'free living organism that can grow and replicate' constructed entirely from synthetic DNA. The ETC Group is challenging the claim. 'Scientists at the institute designed the bacterium to have a "minimal genome"--the smallest set of genes any organism can live on. The project, which began in the early 2000s, was partly a philosophical exercise: to help define life itself better by identifying its bare-bones requirements. But it was also fraught with commercial possibilities: if one could reliably recreate a standardized, minimal life form, other useful genes could be added in as needed for various purposes.'"

163 comments

  1. That's okay by morgan_greywolf · · Score: 2, Insightful

    I just patented DNA replication. That's right. J. Craig Vetner, along with everyone else here, must pay up now, be sued, or die.

    1. Re:That's okay by WilliamSChips · · Score: 4, Funny

      Soviet Russia called to collect their patent dues. They just patented YOU!

      --
      Please, for the good of Humanity, vote Obama.
    2. Re:That's okay by bobo+mahoney · · Score: 1

      I thought that the USSR was gone. Maybe I'm forgeting something so I can remember something more important(http://science.slashdot.org/article.pl?s id=07/06/06/2247203).

      --
      Bobo Mahoney
    3. Re:That's okay by tepples · · Score: 1

      I thought that the USSR was gone. Whoosh.
    4. Re:That's okay by rts008 · · Score: 1

      You must be new here.

      --
      Down With Slashdot BETA!!! I've been around the corner and seen the oliphant; you can only abuse me from your perspecti
    5. Re:That's okay by andersa · · Score: 1

      What he meant was.. .. in Soviet Russia, artificial lifeforms patent YOU!

      now THAT'S scary..

  2. Gerbluh? by AdmiralWeirdbeard · · Score: 5, Insightful

    Uh, doesnt that seem rather overbroad? I mean, there's nothing about methodology, just 'we own any synthetic life.' What utter bullshit. Why dont they try to patent nonsynthetic life while they're at it?

    --
    Come read my stupid blagablog. Rants and Giggles
    1. Re:Gerbluh? by UbuntuDupe · · Score: 4, Insightful

      It's not much different from "we own anything that results in being able to make an online purchase via one click."

    2. Re:Gerbluh? by mentaldingo · · Score: 1

      No. It'd be more like "We own anything online."

    3. Re:Gerbluh? by AdmiralWeirdbeard · · Score: 2, Insightful

      I feel like there should be some bad chat/leet speak in there though, to really hammer home how stupid of an idea it is.

      like, "We OWNz teH tUbes!!!!1!" or something.

      At the very least this fails obviousness test until they have methodology. Like they were the first people ever to have the idea to make a synthetic organism that reproduces and propagates itself through a genetic code. Given that's how natural life works, seems like a bit of a no brainer.

      I hope the patent is rejected with a "DUrrrrrr" stamp on it.

      --
      Come read my stupid blagablog. Rants and Giggles
    4. Re:Gerbluh? by pll178 · · Score: 1

      It is not overbroad. Read the claims to the patent cited in a post below. They are claiming something very specific.

    5. Re:Gerbluh? by NearlyHeadless · · Score: 1

      Uh, doesnt that seem rather overbroad? I mean, there's nothing about methodology, just 'we own any synthetic life.' What utter bullshit. Why dont they try to patent nonsynthetic life while they're at it?


      The patent application looks pretty specific to me, actually.
    6. Re:Gerbluh? by Meski · · Score: 1

      There needs to be more of a penalty associated with making mischievous patent applications like these. And more public review.

  3. this is sick by Anonymous Coward · · Score: 3, Funny

    You can't hug your children with synthetic DNA arms!

    1. Re:this is sick by danbert8 · · Score: 1

      Won't someone pleeeaaaaaassssssseee think of the children?!?!?!?!?

      --
      Yes it's an anecdote! Were you expecting original research in a Slashdot comment?
    2. Re:this is sick by InfiniteSingularity · · Score: 1

      "You can't hug your children with synthetic DNA arms!"

      Tell that to someone that lost one or both arms in an accident/birth defect/war/etc. Those new arms may be the best hug that kid ever had.

    3. Re:this is sick by Anonymous Coward · · Score: 0

      "You are playing God!"

      "Someone has to!"

    4. Re:this is sick by BlueTrin · · Score: 1

      You may hug synthetic children with synthetic arms

      --
      Don't you know it is now both immoral and criminal to think beyond the next quarterly report?
  4. Great by geekoid · · Score: 1

    now hold the responsible for anything that happens from any synthetic life. Lets see how fast the back peddle.

    --
    The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    1. Re:Great by stjobe · · Score: 1

      Here you go: m y
      You're welcome!

      --
      "Total destruction the only solution" - Bob Marley
    2. Re:Great by docbombay · · Score: 1

      Agreed. Once they realize that they're the ones who have to put their lifeforms through college, they'll be changing their tune.

  5. Whoever designed world-science.net by Anonymous Coward · · Score: 0

    Needs to be culled from the gene pool.

  6. ID theory to the rescue by Red+Flayer · · Score: 5, Funny

    If God (or someone else) did truly intelligently design life, that would mean all life forms are synthetic. Hence, prior art exists.

    Did I just discover a scientifically *useful* application of ID wack-theory? If so, is the universe going to implode, or am I about to be flamed to fiery hell by people who never evolved a sarcasmeter?

    --
    "Trolls they were, but filled with the evil will of their master: a fell race..." -- J.R.R. Tolkien on Olog-hai
    1. Re:ID theory to the rescue by Rob+T+Firefly · · Score: 1

      If nothing else, I think Xenu can claim prior art on this one.

    2. Re:ID theory to the rescue by AnonymousCactus · · Score: 1

      This is great.
      Either you get the politicos to agree and patents like this are made void, or you get them to admit ID is crap. Either way, nerds win!
      Oh wait, we've made the common flawed assumption: People reason logically.

    3. Re:ID theory to the rescue by Anonymous Coward · · Score: 2, Funny

      I'd still reference The Bible as prior art when disputing the patent.

    4. Re:ID theory to the rescue by Anonymous Coward · · Score: 0

      You might as well head for pride, soon youll be flaming.

    5. Re:ID theory to the rescue by just_another_sean · · Score: 1

      Flame On!

      </sarcasm>

      --
      Creationist Textbook Stickers Declared Unconstitutional by CowboyNeal
    6. Re:ID theory to the rescue by incer · · Score: 1

      I wonder if I can license my DNA under the GPL. Do I have to attach license.txt or can I link to the GNU website?

    7. Re:ID theory to the rescue by rustalot42684 · · Score: 1

      No, you just need to encode it as part of the sequence.

    8. Re:ID theory to the rescue by moderatorrater · · Score: 1

      Just writing down speculation on creating life should be enough, shouldn't it? I mean, it has to be non-obvious and the current test for that is whether or not they wrote it down at some point. How does the bible not destroy this patent, much less the ridiculous amount of speculation on being able to create life with biology. This patent's dead in the water unless their methodology gets around that.

    9. Re:ID theory to the rescue by russ1337 · · Score: 1

      As long as you provide the source code (?) when you spread your seed?

      You'll have to give those dna spectrum pictures to those dirty girls you visit. They'll be like WTF is this?

    10. Re:ID theory to the rescue by Anonymous Coward · · Score: 0

      Nope, the creation of life (note the phrase 'creation of life') would have been the first of its kind therefore all subsequent attempts to create life independent of the original creator (but using the chemical methodology originally used) would be considered synthetic and derivative (also note you can't create synthetic life prior to creating life. it's called logic). In other words:

      --you don't know what the word 'synthetic' means which of course means you don't know what 'organic' means.
      --you don't know what synthetic means.
      --you don't know what the word 'alive' means.

      nerds unite indeed;)

    11. Re:ID theory to the rescue by bigbird · · Score: 1

      Given that there seems to be general agreement that there is a minimal set of genes required for living replicating organisms, how did we get to this point (the minimal set) in our evolution?

    12. Re:ID theory to the rescue by Bastard+of+Subhumani · · Score: 1

      Ah, but who made Xenu?

      --
      Only three things are certain; death, taxes, and apocryphal quotations - Ben Franklin.
    13. Re:ID theory to the rescue by Anonymous Coward · · Score: 0

      Hubbard.

    14. Re:ID theory to the rescue by neomunk · · Score: 1

      "Yeah baby, that's my Source right there, now let me show you how I compile..."
      or, after discovering your date is a transvestite
      "Whoa there now, I don't support your platform... I'm no cross-compiler"

      Stuff like that, not to mention all the 'optimized for speed' jokes that could be made.

  7. Didn't they try this in the past? by Anonymous Coward · · Score: 0

    ... you know... slavery. Lol, I keeed, I keeed. But if they do make sentient synthetic life in the future...

  8. Sorry, you were patented.... by PortHaven · · Score: 3, Funny

    Sorry, you were patented....please pay $xx,xxx.xx in order to continue living!

    1. Re:Sorry, you were patented.... by Mistlefoot · · Score: 2, Funny

      We do pay $xx,xxx.xx to continue living. It's called taxes. Or at least we do in Canada. In 2000 per the Fraser Institute the average family paid $25,000/year.

      source
      http://oldfraser.lexi.net/media/media_releases/200 1/20010613.html

    2. Re:Sorry, you were patented.... by Timesprout · · Score: 1

      And dont forget my pay expiration fee now that I have patented Death.

      --
      Do not try to read the dupe, thats impossible. Instead, only try to realize the truth
      What truth?
      There is no dupe
    3. Re:Sorry, you were patented.... by timeOday · · Score: 1

      Canada. In 2000 per the Fraser Institute the average family paid $25,000/year.
      Suckers! Why not just let your government borrow all the money it wants from China? The negative economic consequences are delayed, therefore they don't count. It's foolproof!
    4. Re:Sorry, you were patented.... by Anonymous Coward · · Score: 0

      That's Canadian dollars, right? What is that in real money? About $15-$20 or so, right?

    5. Re:Sorry, you were patented.... by timeOday · · Score: 2, Insightful

      That's Canadian dollars, right? What is that in real money? About $15-$20 or so, right?
      I'm afraid you're way behind the times! I did mention some delayed consequences of US borrowing, right? Check out this graph: the Canadian dollar is now within spitting distance of the mighty USD - from a 60% difference to a 6% difference in just over 4 years!
    6. Re:Sorry, you were patented.... by ColdWetDog · · Score: 1

      Canadian dollar is now within spitting distance of the mighty USD - from a 60% difference to a 6% difference in just over 4 years!

      Good! I'll keep my Canadian change for a while. It might be worth something yet!

      --
      Faster! Faster! Faster would be better!
    7. Re:Sorry, you were patented.... by PortHaven · · Score: 1

      woot

      Now all the Candian pennies I've collected over the years will be worth something!!!!!

  9. In related news... by fohat · · Score: 1

    The institute has also purchased Ventnor Ave. and is in the process of putting up several pricey Hotels. A sign in the front window of the first reads, "No Shoes, No hat, No service." The local dog could not be reached for comment and the car was in jail at the time.

    --
    Is there heaven? Is there Hell? Is that a Tuna Melt I smell?-Primus
  10. Drunk man's interpretation by packetmon · · Score: 1

    My god. I can't believe they went ahead and patented sperm from someone who's been *hiccup* drinking and using Viagra

  11. Silly by Zironic · · Score: 1

    This reminds me of the story of the person that tried to patent boiling water, no one had done it before so it was worth a try wasn't it?

    If anyone at the patent office lets this pass he/she should get whacked with the giant hammer of reason. You can't go around getting patents for entire fields of science.

    1. Re:Silly by cakefool · · Score: 1

      giant hammer of reason

      You sir/Madam, are a god

  12. USPTO application text by stjobe · · Score: 4, Informative

    Here's the patent application.

    --
    "Total destruction the only solution" - Bob Marley
    1. Re:USPTO application text by Breakfast+Pants · · Score: 1

      Prior art.. von Neumann?

      --

      --

      WHO ATE MY BREAKFAST PANTS?
    2. Re:USPTO application text by OeLeWaPpErKe · · Score: 1, Interesting

      Congratulations on attempting to insert sanity into this slashdot "discussion". The patent, obviously, lists exactly the genes it intends to use, and as such, is quite difficult to duplicate.

      If this is really the minimal set (which seems kind of unlikely), I would even call it a huge accomplishment.

      Anyway this patent seems to be exactly what a patent was meant to do. It describes a complex invention, and it describes it in a very detailed way. I don't see anything wrong with it. This is the biological version of a machine design. Ok it's the description of a near universal machine (if a bit complex to program), but it seems to me a very good patent.

      Exactly the sort of thing you'd want a patent to be.

      But don't let sanity prevent you from getting your panties in a knot.

    3. Re:USPTO application text by OeLeWaPpErKe · · Score: 1

      "Anagrams for "United States of America": Neofascism Attitude Era, Me See Faustian Dictator, Satanic Federates, I'm Out"

      Do you seriously believe that ?

      Try to live in the real world. I do think that indeed, you live in a dream world, under dictators, however, bush is not your dictator.

    4. Re:USPTO application text by stjobe · · Score: 1

      Do I seriously believe what?

      Those are indeed anagrams for "United States of America".
      I find them funny. I see that you don't.
      Maybe you should lighten up a bit.

      And work on your punctuation, that last sentence is an abomination.

      As for the anagrams themselves:
      Neofascism attitudes are ripe in the US
      Consider this list:
      1. Powerful and continuing expressions of nationalism.
      2. Disdain for the importance of human rights.
      3. Identification of enemies/scapegoats as a unifying cause.
      4. The supremacy of the military/avid militarism.
      5. Rampant sexism
      6. A controlled mass media.
      7. Obsession with national security.
      8. Religion and ruling elite tied together.
      9. Power of corporations protected.
      10. Power of labor suppressed or eliminated.
      11. Disdain and suppression of intellectuals and the arts.
      12. Obsession with crime and punishment.
      13. Rampant cronyism and corruption.
      14. Fraudulent elections.

      These were all found in Nazi Germany, Fascist Italy, Franco's Spain, Salazar's Portugal, Papadopoulos's Greece, Pinochet's Chile, Suharto's Indonesia, and they are found in the US today. There's no question that the US is in danger of becoming a fascist police state.

      From wikipedia:
      "Similarly, the adjective "faustian" has come to denote acts or constellations involving human hubris which lead eventually to doom."

      That the US is a federation is not in question, I hope? The "satanic" part is funny because of the Christian fervor that's always been a part of the US.

      Oh, and it's funny. Laugh.

      --
      "Total destruction the only solution" - Bob Marley
  13. Yeah. by RealProgrammer · · Score: 1

    I mean, these synthetics have got to be smart enough to run for Congress, or do other jobs humans won't do.

    --
    sigs, as if you care.
  14. heh by wizardforce · · Score: 3, Funny

    ok then I'll patent a critical gene that this guy has in his DNA and pull a MAFIAA on him if he reproduces. then have genes renamed "files" and if he ever tries to hire a hooker it'll be illegal file sharing :)

    --
    Sigs are too short to say anything truly profound so read the above post instead.
  15. Hmm... by Mockylock · · Score: 1, Funny

    Who owns the patent on life in southern West Virginia?

    I've been there a few times, and there are quite a few living on the minimum requirements for gene usage.

    --
    "Please, shut up. Just when I think you can't say anything more stupid, you speak again." -Archie Bunker.
    1. Re:Hmm... by lastchance_000 · · Score: 1

      Well, you could patent intelligent life there, as there's no prior art...

  16. Mixed Reaction by jefu · · Score: 2, Interesting

    My reaction to this is mixed. First, I'm suspicious of this kind of sweeping patent protection in general. And it is far from clear (in the cited article at least) that they actually have such a genome yet, so patent protection seems strange. "We think we are going to do this, so grant us a patent."

    On the other hand it may take 20 years or so to actually be able to use this kind of technology in meaningful ways (and have drugs produced this way approved by the government). So granting patent protection now means that it would expire just about the time that people might be able to take advantage of it.

    On the other other hand, if they really are patenting the idea, they'll probably re-patent (or extend the patent with new claims or however that works) any usable variation when they actually get it so they're likely to find ways to stretch such patent protection out for quite a while.

    1. Re:Mixed Reaction by Kristoph · · Score: 1

      The issue is that the patent can be interpret to include any organisms that lacks the genes they have identified as non-essential to life.

      It's not just an issue of drugs. It's also for the manufacturing opportunities that this offers. One example would be a organism that cheaply creates ethanol or hydrogen from biomass.

      ]{

    2. Re:Mixed Reaction by ciroknight · · Score: 2, Interesting

      Well, the patent is pretty clear about what it's "inventing". They state they take the Mycoplasma genitalium bacteria (which is the smallest discovered natural free-living bacteria), and then strip out about 101 genes (which they list in a table), leaving 381 genes plus or minus a 3 or 4 genes.

      The question is, have they actually made this bacteria, and does it actually live, reproduce and die like a bacteria should? At this point it's not clear they invented anything, more than just taking a bacteria, removing some genes and patenting the result (which they could theoretically do indefinitely until they find some combination that works). Furthermore, it's not clear they're actually inventing anything at all, but rather optimizing the organism by removing defective/defunct versions of other genes (essentially stripping the whitespace, which might actually be a bad thing; one of the reasons DNA is durable is entron regions, DNA that can be damaged or mutate without affecting the organism).

      The linked article says they've half-way succeeded creating this thing (55 of 101 possible knock-outs yields a living result). Is that enough grounds to allow this to be patented? It's not up to me to say, but it's an interesting question.

      --
      "Victory means exit strategy, and it's important for the President to explain to us what the exit strategy is." G.W.Bush
    3. Re:Mixed Reaction by blitz77 · · Score: 1

      "(essentially stripping the whitespace, which might actually be a bad thing; one of the reasons DNA is durable is entron regions, DNA that can be damaged or mutate without affecting the organism)."

      Surely you meant introns instead of entrons? Introns are those portions of DNA inside genes between exons - its the exons which are transcribed and spliced together to form the proteins. However, introns/exons only exist in eukaryotes, NOT prokaryotes )bacteria are prokaryotes). Thus this DNA they are removing out would affect the organism-the organism may be losing genes that would affect its ability to survive in the wild (eg genes for lactose metabolism such as beta-galactosidase is not ESSENTIAL for bacteria-however, without the gene they cannot metabolise lactose).

    4. Re:Mixed Reaction by Koen+Deforche · · Score: 1

      On the other hand it may take 20 years or so to actually be able to use this kind of technology in meaningful ways (and have drugs produced this way approved by the government). So granting patent protection now means that it would expire just about the time that people might be able to take advantage of it.

      You're missing the point of the technology. It is not to make drugs, for which you would be right. But it is to create organic machines that would be totally cheap to create, utterly efficient (nothing is as efficient as nature in many things such as: converting CO2 into other stuff, converting (organic molecules, light, heat, etc...) into energy, etc...) and in general improve the worlds economic efficiency more than anything else has done before.

      It is genious ! And to Craig's credit, he is the one who has had the vision first and is putting his own money into it. I don't know if the patent is there, but I'm actually excited that he thinks he is going to have this kind of technology soon.

      Regardless of the outcome of the patent, we'll all benefit!

    5. Re:Mixed Reaction by ciroknight · · Score: 1

      I make no excuses for my bad spelling. I miss things like that all the time when I'm typing at speed.

      But thanks for correcting me.

      --
      "Victory means exit strategy, and it's important for the President to explain to us what the exit strategy is." G.W.Bush
  17. Idea ownership (you have heard all this before) by Anonymous Coward · · Score: 1, Insightful

    Patents are a means of preventing people from making productive use of the technology and information available to them. This creates artificial scarcity, which ultimately makes a lot of money for a very few people. It also technologically and practically impoverishes the rest of the world (by preventing collaboration and also production).

    I am very familiar with the economic arguments about needing to secure a return on investment, and they are bunk. The most glaring part of it is the fallacy of excluded middle (or slippery slope), stated: "If a company can't guarantee that it makes all the money that there is to be made on this idea, and that nobody else makes any money on it, then the company won't be able to make any money at all on it." Lies...there is plenty of money to be made selling a product in the face of competition...in fact our whole economy is built around the need for this.

    On top of that...where there is a demand there is a supply. For example, if people need some disease cured, but no drug company wants to invest the RnD funding to make medicine for it...which is unlikely...but even if it does happen money can also come from private donations and government grants. One way or another, the problems will be solved, and patents are not needed.

    So, IMO, patents give us nothing of value and deprive us of the ability to work together and to make productive use of the information available to us.

    Thought control is bad.

    1. Re:Idea ownership (you have heard all this before) by ahfoo · · Score: 1

      You're absolutely right. I have no problem whatsoever with people "playing God" which seems to be part of the angle the ETC Group is taking. I think this is a recurring theme in biotech where we have people who detest these patents as a further abuse in the name of intellectual property on the one hand and on the other hand we've got these people who profess some kind of vague conservative religious fear of competing with a creator God who is somehow jealous of human knowledge. These two positions are worlds apart and yet both result in the same attitude towards these types of patents.
                I believe it was James Watson who said --If scientists don't play God, who will? I agree one hundred percent. By all means let's play God to our heart's content. I would go so far as saying I have no qualms whatsoever about destroying embryos for therapeutic purposes. The moral issues is these matters simply don't exist as far as I'm concerned. And yet, I am disgusted by this report, but not because the researchers are playing God. I am upset that they are attempting to use the force of the government and ultimately the police to monopolize a form of life. That is just wrong as are all patents in the area of genetic engineering.

    2. Re:Idea ownership (you have heard all this before) by Garridan · · Score: 1

      I have no qualms whatsoever about destroying embryos for therapeutic purposes. Man. I've always found killing squirrels to be therapeutic... but damn. Embryos? Do you squish 'em under a microscope or something? Burning can't be much fun, though -- that's my favorite way with the squirrels. But I just don't see any sport in embryos. Maybe getting them is fun?
    3. Re:Idea ownership (you have heard all this before) by Bastard+of+Subhumani · · Score: 1

      I am very familiar with the economic arguments about needing to secure a return on investment, and they are bunk.
      You know, when you explain it like that, it all falls into place and makes sense. Count me as converted!
      --
      Only three things are certain; death, taxes, and apocryphal quotations - Ben Franklin.
  18. I claim prior art. by Anonymous Coward · · Score: 0

    I claim prior art. God.

  19. Just a quick flash idea... by writermike · · Score: 1

    Would someone out there with time please recreate the badger-badger/mushroom-mushroom flash animation with the following:

    (badgers, badgers, badgers becomes) patents, patents, patents
    (mushroom, mushroom becomes) lawsuit, lawsuit
    (snake part goes) Out-of Court settlement! Settlement ... settlement... settllllment

    Etc.

    Thanks. I have no skills.

    Cheers,

    Mike...

    --
    If Nalgene water bottles are outlawed, only outlaws will have Nalgene water bottles.
  20. The future is not bright... by __aaclcg7560 · · Score: 2, Interesting

    Karen Travis SF books about a future Earth where all life has been patented and copyrighted to the point that it's illegal to have unaltered seeds is starting to become true.

  21. Not patenting all life... by PhysicsPhil · · Score: 4, Insightful

    From the article: "The researchers filed their patent claim on the artificial organism and on its genome."

    These guys have created a brand new form of life from the ground up and are patenting their particular genome. It's hard work, and certainly not obvious or trivial. Given that other biological systems are patentable (e.g., the Harvard mouse, new strains of wheat), this certainly seems to clear the bar for patentability.

    1. Re:Not patenting all life... by AdmiralWeirdbeard · · Score: 5, Insightful

      Granted, however it reads as though it seeks to cover any and all future synthetic life as well. By defining terms in such a broad fashion, they leave little room for others to follow, regardless of methodology. And that's bullcrap.

      --
      Come read my stupid blagablog. Rants and Giggles
    2. Re:Not patenting all life... by DRJlaw · · Score: 3, Informative

      Granted, however it reads as though it seeks to cover any and all future synthetic life as well.... And that's bullcrap.

      No it does not. It reads as follows:

      Claim 1. A set of protein-coding genes that provides the information required for growth and replication of a free-living organism under axenic conditions in a rich bacterial culture medium, wherein the set lacks at least 40 of the 101 protein-coding genes listed in Table 2, or functional equivalents thereof, wherein at least one of the genes in Table 4 is among the lacking genes; wherein the set comprises between 350 and 381 of the 381 protein-coding genes listed in Table 3, or functional equivalents thereof, including at least one of the genes in Table 5; and wherein the set comprises no more than 450 protein-coding genes.

      Claims 2-28 are all narrower than claim 1, and include the limitations in claim 1. Very little else in the application matters unless it serves to clarify the meaning of this claim (setting aside statutory subject matter, 35 U.S.C. 101, or description, enablement, and best mode issues, 35 U.S.C. 112).

      Therefore if your organism lacks only 39 of the "101 protein-coding genes listed in Table 2" you do not infringe. If your organism has less than 350 of the "381 protein-coding genes listed in Table 3" you do not infringe. If your organism has 451 or more protein-coding genes, you do not infringe.

      If you do not know the mere basics of patent law, your thoughts concerning the scope of someone's patent or patent application are "bullcrap."

    3. Re:Not patenting all life... by ywl · · Score: 3, Interesting

      I'm not a molecular biologist, nor a patent lawyer...

      If I read between the lines correctly, they have a rough idea of the functions of 482 genes of a bacteria. They think that 101 of them are non-essential for survial and 381 are for protein encoding (how many genes aren't?).

      They want to patent the guess and ask any people who create new strains of bacteria base on that tiny bit of knowledge to pay up?!

      Can you do that?

    4. Re:Not patenting all life... by SpinyNorman · · Score: 1

      Still seems overly broad to me.

      Say someone else understands life better than Venter and comes up with a more mininal gene - is this patent going to cover that? What if the discoverer (hard to call cutting back on nature an invention) of the more minimal gene then wants to use it as a base for experimentation and add other stuff back in - they may well find themselves infringing this patent. What this patent does is cut out a huge swathe of the genetic landscape and say "that's mine" - you can't experiment there.

      One might also try to search for minimal form of life by an undirected evolutionary search - randomly cut out genes and see if the remainder is viable, etc, and again might find that you've stumbled into the broad territory that Venter is wanting to claim as his own. Just another example of how a promising types of research could be harmed if this patent was granted.

    5. Re:Not patenting all life... by AdmiralWeirdbeard · · Score: 2, Informative

      Well, patent attorney i may not be, but RTFA i did, so you can take your arrogant "knowing the mere basics" bullshit and shove it.

      TFA did mention very specifically that this patent application was for the minimum genes necessary for life. Now while in the specific instance, they are merely trying to patent the genome of this single microbe. But given their stated intentions to use that then as the building block for engineering other single-celled organisms by simply dropping in the necessary genes, this is in effect trying to patent the single foundation of an entire emergent field.

      The project, which began in the early 2000s, was partly a philosophical exercise: to help define life itself better by identifying its bare-bones requirements. But it was also fraught with commercial possibilities: if one could reliably recreate a standardized, minimal life form, other useful genes could be added in as needed for various purposes. For instance, "If we made an organism that produced fuel, that could be the first billion- or trillion-dollar organism," said Venter in the June 4 issue of Newsweek magazine. The scientists based the design on the bacterium Mycoplasma genitalium, in which they had identified an estimated 265 to 350 core genes required for life.

      This sounds to me very much like they are specifically aiming to patent this particular organism to own the ip on the genes necessary for life. Not sure that it would really fucking matter too much if i had this brilliant little microbe designed that didnt infringe on their patent, since those 39 genes I'd have to axe would be fucking necessary for life. This is what i mean when i say 'trying to patent synthetic life'. Now you as the apparently patent-law savvy individual that you are, at least I'm assuming you'd have to be savvy to give code citations anyone with an internet connection could find, may have some further insight into why this patent doesnt say this, and I'm certainly interested to hear what these are. And I'm sure you'll deliver them in the same *cough* polite fashion as your contention that my previous thoughts were bullcrap.

      Though you do clearly have grasp on the mere basics of patent law, your ability to discuss the implications of said patents are bullcrap. I'm happy for you being able to muddle through a patent application, i really am. But merely saying 'no the patent actually says X' in response to 'the patent implies Y' isnt really a meaninful thing to add. So unless you're going to do so without being a dick, why dont you just keep it to yourself?

      --
      Come read my stupid blagablog. Rants and Giggles
    6. Re:Not patenting all life... by Anonymous Coward · · Score: 0

      Not sure that it would really fucking matter too much if i had this brilliant little microbe designed that didnt infringe on their patent, since those 39 genes I'd have to axe would be fucking necessary for life. Why would you have to axe 39 genes to not infringe the patent? You're incapable of designing an organism having 451 protein-encoding genes to accomplish whatever objective you have in mind? Ignorant, foul-mouthed twit.

    7. Re:Not patenting all life... by machinegestalt · · Score: 1

      There are a decent number of genes which encode RNA products (transfer RNAs, the RNA component of snRNPs, the Ribosome, etc, etc). In fact the majority of pol I and pol III transcripts in the case of E. coli...

    8. Re:Not patenting all life... by DRJlaw · · Score: 2, Informative

      Yes, you RTFAed. But you didn't RTFP. Spreading misinformation is a mistake. Correcting posters who realize that it is misinformation when you do not understand the basic facts is irresponsible. I will not keep this information to myself, and you've earned the public embarrassment that's upset you so.

      I prosecute and litigate patents for a living. Your bluster concerning my ability to "muddle through a patent application" does not cure your error. Neither does your reliance on "TFA," which is egregiously wrong, nor does your reliance on the summary, which is also egregiously wrong.

      To infringe the patent, if it is granted, you would have to create a set of genes where:

      1. the set lacks at least 40 of the 101 protein-coding genes listed in Table 2
      and
      2. at least one of the genes in Table 4 is among the lacking genes
      and
      3. the set has between 350 and 381 of the 381 protein-coding genes listed in Table 3
      and
      4. the set includes at least one of the genes in Table 5
      and
      5. the set has no more than 450 protein-coding genes.

      If any single one of those conditions is not met, your engineered organism is not covered by the patent. There is nothing that requires you to strip any genes out of your organism unless you're trying to engineer a minimalist organism which simultaneously falls within those 5 criterion.

      You've said "this is in effect trying to patent the single foundation of an entire emergent field." Yep. You gain that privilege when you create the field. The PCR reaction used in practically all DNA work was patented as US Patents 4,683,195, 4,683,202 and 4,965,188. The junction transistor was patented as US patent 2,569,347. Biology and electronics both survived and flourished.

      Your argument that Venter is seeking to patent all viable synthetic life is quite simply wrong. Accept it and move on.

    9. Re:Not patenting all life... by AdmiralWeirdbeard · · Score: 1

      Yes, you RTFAed. But you didn't RTFP. Spreading misinformation is a mistake. Correcting posters who realize that it is misinformation when you do not understand the basic facts is irresponsible. I will not keep this information to myself, and you've earned the public embarrassment that's upset you so.

      I heartily encourage you to continue correcting misinformation. I am not suggesting that you keep any information to yourself. I'm not embarrassed at all. I am perfectly comfortable being corrected when I'm wrong. Expanding my understanding of the world is one of my reasons for being here. My remark about keeping it to yourself was merely to say that you were not conducting yourself as someone interested in, A. constructively furthering the debate, or B. sharing you specialized knowledge of the area with others, which if I'm not mistaken, is one of the purposes of this little community. You told me to that I was stupid and should shut up, so i returned that you were an asshole and should shut up. Seems like fair turn-around to me. Have a problem with me talking out of my ass? Display a little golden-rule action and enlighten me rather than calling me a patent-n00b.

      I prosecute and litigate patents for a living. Your bluster concerning my ability to "muddle through a patent application" does not cure your error. Neither does your reliance on "TFA," which is egregiously wrong, nor does your reliance on the summary, which is also egregiously wrong.

      It was not a bluster, I figured you probably were a patent attorney. It was merely pointing out that doing so is not my strong-suit. You have a problem with that? Fine. Have a problem with me reading TFA and commenting on the subject based on what i read? Fuck Off. Try explaining why TFA was in error before you go off ripping people to shreds simply for agreeing with analysis you feel is in error. Considering how many posts get modded +5 informative and start with "I'm to lazy to RTFA, but..." Your stance on my acceptance of TFA is not just unfounded, but a total dick move. You're a patent attorney, I'm not, clearly, but that doesnt entitle you to flame-powers just because you're in the field. I'm an environmental scientist, but I dont go around ripping open everyone who says stupid shit like "hybrid cars are the silver bullet that will save the environment." I calmly explain why they're wrong. We're a group of nerds here, but nerds with vastly differing areas of nerddom. Show a bit more respect for your fellows.

      If any single one of those conditions is not met, your engineered organism is not covered by the patent. There is nothing that requires you to strip any genes out of your organism unless you're trying to engineer a minimalist organism which simultaneously falls within those 5 criterion.

      Thankyou, that actually was a significantly better explanation of what's going on than in either of the linked articles. I do understand what you were trying to say earlier, and yes, TFA is rather off base. Dont you think it would have been easier to just post that first, and say, uh, no this is what's going on here? I do. But then you wouldnt have gotten that nice rush from getting to slam someone online.

      You've said "this is in effect trying to patent the single foundation of an entire emergent field." Yep. You gain that privilege when you create the field. The PCR reaction used in practically all DNA work was patented as US Patents 4,683,195, 4,683,202 and 4,965,188. The junction transistor was patented as US patent 2,569,347. Biology and electronics both survived and flourished.

      I assume you've been reading /. for a while, based on your user #... are you surprised that someone here would be opposed to the locking up of something like this in proprietary IP? You... shouldnt be. Obviously that's how our system works, but I think that's kinda fucked up. I will assume you feel differently, though I d

      --
      Come read my stupid blagablog. Rants and Giggles
    10. Re:Not patenting all life... by bombman · · Score: 1

      I wonder if you find a natural organism that infringes on this
      patent - would that be prior art? Some of those very odd organisms
      that don't even require oxygen may be so different that they
      don't possess some of these 'essential' genes.

      Could nature itself overthrow this patent?

    11. Re:Not patenting all life... by dintech · · Score: 1

      Well no, only American companies or those selling in America. I'm sure China won't be too bothered.

  22. Title is wrong, or at best misleading. by Vellmont · · Score: 5, Informative

    Venter isn't claiming a patent on the entire concept of synthetic life, he's claiming a patent on A synthetic life form. As the article says, patents on genetically modified life forms aren't anything new. What's new is this is a life form created entirely from scratch (or at least as much from scratch as you can get when you already know how other life works).

    --
    AccountKiller
    1. Re:Title is wrong, or at best misleading. by qw0ntum · · Score: 1

      What stops this particular organism from naturally coming into being through good ol' evolution? Even if this exact organism does not, what is to stop other, more complex "synthetic life forms" from naturally coming into being? I pity the fool who gets sued for infringement over some "synthetic life patent": "Take him down, he's got an identical bacteria to our synthetic one in his intestine! He must be breeding them for commercial purposes!"

      It's happened before if I remember correctly (see Monsanto GM seed).

      What seems better than patenting a particular life form would be to patent an application of it. Kind of like how you don't patent the iron atom when you patent a hammer. Oops, better not give anyone any ideas...

      --
      'Every story, if continued long enough, ends in death.' --Ernest Hemingway
    2. Re:Title is wrong, or at best misleading. by Anonymous Coward · · Score: 1, Insightful
      What stops this particular organism from naturally coming into being through good ol' evolution?...I pity the fool who gets sued for infringement over some "synthetic life patent": "Take him down, he's got an identical bacteria to our synthetic one in his intestine!

      That's like saying "What if you're born with a pattern of freckles that spells out the text of The Da Vinci Code?" The sun will die out before it happens.

    3. Re:Title is wrong, or at best misleading. by Anonymous Coward · · Score: 0

      It's happened before if I remember correctly (see Monsanto GM seed).

      You're likely referring to incidents where GM crops have "infected" nearby non-GM crops, and Monsanto subsequently has tried to get the unwilling new farmer of GM-crops to pay for the "privilege".

      It seems exceedingly unlikely that crops would spontaneously mutate to match Monsanto's designs exactly, as a sibling post points out.
    4. Re:Title is wrong, or at best misleading. by dbIII · · Score: 1

      As far as I see it it is still just the patent of a broad idea which has a LOT of prior art for that idea.

    5. Re:Title is wrong, or at best misleading. by keytoe · · Score: 1

      That's like saying "What if you're born with a pattern of freckles that spells out the text of The Da Vinci Code?"
      Please - you give the book too much credit.
    6. Re:Title is wrong, or at best misleading. by Poromenos1 · · Score: 1

      (or at least as much from scratch as you can get when you already know how other life works)

      You're talking about programs, aren't you!

      --
      Send email from the afterlife! Write your e-will at Dead Man's Switch.
  23. I'd offer myself as prior art.. by Anonymous+Meoward · · Score: 2, Funny

    ..but I have no life. If anyone wants me, I'm in the basement.

    --
    --- The American Way of Life is not a birthright. Hell, it's not even sustainable.
  24. Too late, prior art by HangingChad · · Score: 1

    Seems as though a patent for artificial life, belonging to one Victor Frankenstein, has already expired. Along with a sub-category submitted by Abby Normal, signed off by The Man with Two Brains.

    --
    That's our life, the big wheel of shit. - The Fat Man, Blue Tango Salvage
  25. Take it to the courts! by CaptainPatent · · Score: 1

    This one will probably bring a very interesting court case into the patent world. Technically it is a patentable idea, but when it comes down to it the courts will probably see how general what they are claiming really is as it is the start of a whole new field of study. It will be interesting to see what happens.

    --
    Well, back to rejecting software patent applications.
  26. "Dibs" on a new steady revenue stream by Anonymous+Meoward · · Score: 1
    I just submitted a patent for synthetic death.

    There's no prior art yet, and it's inevitable.

    --
    --- The American Way of Life is not a birthright. Hell, it's not even sustainable.
    1. Re:"Dibs" on a new steady revenue stream by WillAffleckUW · · Score: 1

      sorry, i have prior art on this, with this new method I created called "apotosis".

      And, actually, I am working on some other biochemistry changes to create cell death.

      One involves alchohol. Lots of alcohol. I am hoping Stoli will finance my research into the subject.

      --
      -- Tigger warning: This post may contain tiggers! --
  27. I claim prior art and have one example to submit by WillAffleckUW · · Score: 1

    My son.

    I used the GATC encoding scheme.

    All your offspring are belong to me.

    --
    -- Tigger warning: This post may contain tiggers! --
  28. The patent madness by Esteanil · · Score: 2, Interesting

    Uh, doesnt that seem rather overbroad?
    It's interesting, really. Both the US and the EU patent offices are more than happy to give out patents that are *way* overbroad.
    Presumably, this is a part of the transition to an "IP economy", and they've been instructed to keep lower standards as to make sure most of the IP cake has been divided before the international competition becomes too rough.
    And then they use heavy-handed tactics to force other countries to submit, misusing the Berne convention and the WTO, forcing the world to implement patent and copyright law that doesn't reflect the original intentions behind patents and copyright at all.

    Patents and copyright as they have become does no longer serve the interests of society, nor even the long-term interests of the companies that gain them.
    It's been said before, but I can't seem to find the original quote, that the emergence of the Internet wouldn't have been possible if patents had been used then as it is today. What other emerging markets are we closing down with these overbroad patents? What does this madness really cost us? There's no way we can know.

    Of course, the harder they tighten their grip, the more nations will start slipping through their fingers :-)
    I wonder when the first real copyright/patent/data havens show up. Imagine the advantages companies located within such a nation would get. Of course, they would be unlikely to be allowed to sell their wares on the open market, but the citizens within this country could possibly rise to a much higher standard of living, and of course smuggling would be extremely lucrative...
    --
    I'm a dreamer, the world is my playpen. But hey, I'm a serious person, I can't dream all the time.
    1. Re:The patent madness by BalanceOfJudgement · · Score: 1

      What does this madness really cost us?


      The future. In a world where nobody is free to innovate, develop, invent, produce, or brainstorm, there is only one inevitable result: stagnation.
      --

      We are the fire that lights our world.. and we are the fire that consumes it.
  29. Patent for Air by queenb**ch · · Score: 1

    I've filed my patent for the inert gas we know as air. If they want to be able to breathe, they'll have to license their patent to me in exchange for using my patented product.

    2 cents,

    QueenB.

    --
    HDGary secures my bank :/
    1. Re:Patent for Air by Bastard+of+Subhumani · · Score: 1

      I've filed my patent for the inert gas we know as air. If they want to be able to breathe
      If it's inert it won't be much use for that, will it?
      --
      Only three things are certain; death, taxes, and apocryphal quotations - Ben Franklin.
  30. Is that what they're patenting? by gr8_phk · · Score: 1

    It sounds to me like they are patenting a specific organism, not the concept of building one from scratch. I could be wrong about that, but that's how I read it. While it it is derived from a natural organism with much stuff removed, it seems more palatable to me than patenting regular food with one or two features added. I don't like either practice, but this seems less bad than what Monsanto is doing.

    If they are patenting the "organism from scratch" concept, then the problem doesn't seem to be ethical, it's that people are upset that they'll be locked out of a new field for 20 years. Those don't come along very often, but they do come along and people do get patents on them. The one very far reaching one that comes to my mind is the one on controlling an airplane. Sure, the guys had a lock on a revolutionary new industry for some time. Then like all good "IP" it expired.

    1. Re:Is that what they're patenting? by ppanon · · Score: 1

      Sure, the guys had a lock on a revolutionary new industry for some time. Then like all good "IP" it expired.

      Yep and for most of those 20 years development in that field stagnated until the patent was expropriated by the Army during the First World War. Public Key Cryptography deployment also stagnated during the 17 years it was covered by patent.

      Now, it's arguable that PKI might not have been developed if it were not for patents, but there were plenty of people who would have been willing to push forward the development of flight with or without patent protection.
      --
      Laissez lire, et laissez danser; ces deux amusements ne feront jamais de mal au monde. - Voltaire
  31. Re:That's okay (DNA) by WillAffleckUW · · Score: 1

    I just patented DNA replication.

    Did I mention I patented the GATC encoding scheme as a business process?

    Don't tell anyone, but I'm working on some improvements using mRNA, sRNA, and other fun things that let me express many different proteins from the same DNA chain.

    I'd ask to digest this information, but I just patented that, so hold that thought.

    Oh, and since thought is a biochemical process, you owe me royalties on that one too.

    --
    -- Tigger warning: This post may contain tiggers! --
  32. personal genome patents? by jefu · · Score: 1

    Perhaps everyone should patent their own genomes. (Would the lack of having the actual sequence be a problem for the patent office? Hard to believe.) Then everyone could sue everyone else for infringing.

    1. Re:personal genome patents? by pmc · · Score: 1

      Just sign the patent application in blood. Then they'll have your DNA sequence.

  33. British already did it... by C10H14N2 · · Score: 1

    They tried to make boiling sea water illegal. Lost a bit of real estate in that move, they did...

  34. If this is legitimate... by Anonymous Coward · · Score: 0

    Then why was my application to patent Dick Cheney rejected?

  35. I just trumped all y'alls by jollyreaper · · Score: 1

    I patented Creation. That's right. Anything and everything. God's getting a call from my lawyers.

    --
    Kwisatz Haderach
    Sell the spice to CHOAM
    This Mahdi took Shaddam's Throne
    1. Re:I just trumped all y'alls by WillAffleckUW · · Score: 1

      I patented Creation.

      Which version?

      The standard Bible has three. Then there's all the other variants (like Mormons, etc) and other religions (Hindu, etc).

      I claim prior art - I'm a druid.

      --
      -- Tigger warning: This post may contain tiggers! --
  36. I don't understand by Luft08091950 · · Score: 1

    I though that ideas could not be patented? Are they saying they have the ability to do this already? If they can't do it, isn't it just an idea? It's pretty easy to come up with ideas but much harder to implement an ideal into something that is real.

  37. What if it breeds and Escapes by spribyl · · Score: 1

    While I am laughing about this silly patent, I am more concerned about the safety of what ever is created.
    I don't believe the GM crops are 100% safe. GM crops are not hybrid crops.

  38. courts lawyrds and stupid laws by biscon · · Score: 1

    because everything have to settled in a court these days... anyway who's the other part here?

  39. It's not about patenting life by voislav98 · · Score: 2, Informative

    They are trying to patent the minimum genome neccesary for this particular bacteria to exist. It's no different than any other attempts to patent the parts or the whole genome of certain organisms. IMHO, it a big deal about nothing, I don't see how is genetically engineered bacteria any different than a patenting a machine that does the same job. The patent is very specific as to the length and variations in the genome sequence and could not be applied (as far as I can tell) to synthetic life in general.

  40. Patents are now 20 years by Intron · · Score: 1

    Since patents are now 20 years from application date, this presages an interesting court case. What happens if the patent is still in force when this new lifeform is old enough to vote?

    --
    Intron: the portion of DNA which expresses nothing useful.
  41. how long till we can say by yoprst · · Score: 1

    in Venter Institute geneticists patent you
    ?

  42. Don't be afraid. Be very very afraid by presidenteloco · · Score: 2, Insightful

    Ok, so what do we know?
    Lifeforms reproduce themselves, patterning surrounding matter and
    energy into more of their own form.

    Over several billions of years, natural ecosystems have evolved
    checks and balances on overabundance of any particular lifeform.
    Other lifeforms co-evolved and the lifeforms limit each other
    (by eating each other, by competing for the same resources, etc.)

    The ecosystems change, but rather gradually, as many stalemates
    (equilibria) in the energy and strategy balance of the
    competitive patterning game evolve.

    So now we have Joe or Jane Scientist, or gene-engineer, thinking
    "I'm pretty damn smart. I know my sh*t.
    Got it 'Piled higher & Deeper' in fact.

    Why don't I just unleash my patented self-replicating, resource-patterning
    machine, and let's see what happens.

    On the bright side, most things they could come up with will be no match
    for the 3 billion year evolved competition.

    On the other side, they could be unlucky, and make something that no other
    lifeform recognized, or could eat, or could compete with for resources.

    Oh, too bad. Start game over.

    --

    Where are we going and why are we in a handbasket?
    1. Re:Don't be afraid. Be very very afraid by gurps_npc · · Score: 1
      The idea that a human could design a living organic creature that could out-compete the entire rest of the evolutionary biomasses' capacity to compete/eat is laughable.

      Particularly one that would work in all environments. The worst case scenario is making a certain specific bio-culture wierd. (i.e. a creature might be able to rule the -10 to 80 degree life zone, but could not stand temperatures under -30, or over 90, so we just move to canada/florida and kill it during the winter/summer.

      --
      excitingthingstodo.blogspot.com
    2. Re:Don't be afraid. Be very very afraid by Koen+Deforche · · Score: 1

      That is a lot of FUD.

      You are simply not aware of the cruel nature out there. What they are creating is a down-stripped life form with only the bare essential in there. For example, what they are certainly going to leave out is any kind of defense that every living system has against other life forms or even simple toxic products or any kind of antibiotic.

      This will work fine for their purposes because it is simple, it will be grown in and confined into something like a sterile glass casing for example. If the glass should break, it is bound to be killed instantly by anything else around in nature like an extremely harmful creature, and reduced to organic food.

      Simple truth is: if Craig is convinced he has pulled it off, this is the single most important inventions in a long time and it will make the world a better place because of increased efficiency in many important areas such as energy and waste industries. I don't know whether he will get the patent or not, but I don't care too much. Regardless of the outcome, we'll all benefit of his creativity and vision.

  43. Prior Art by MSTCrow5429 · · Score: 1

    Is/are God/god/gods referenced as prior art on the patent application?

    --
    Slashdot: Playing Favorites Since 1997
    1. Re:Prior Art by WilliamSChips · · Score: 1

      I don't know, but I think the Ori have Prior art.

      --
      Please, for the good of Humanity, vote Obama.
  44. Tyrell Corporation? by nurb432 · · Score: 1

    Sounds like they are gearing up for the replicant market.

    --
    ---- Booth was a patriot ----
  45. Tax money was spent on this project by SpaceLifeForm · · Score: 1
    [0002] Aspects of this invention were made with government support (DOE grant number DE-FG02-02ER63453). The government has certain rights in the invention.

    For that reason alone, it should not be patentable.

    --
    You are being MICROattacked, from various angles, in a SOFT manner.
  46. Prior art. by Anonymous Coward · · Score: 0

    Balmer chair joke making slashdolts already qualify as the simplest life form. ;)

  47. Fraught by chrpai · · Score: 1

    "But it was also fraught with commercial possibilities" Your new overlords welcome those oh so evil commercial possibilites. A better word would have been Ripe not Fraught.

  48. well, by Anonymous Coward · · Score: 0

    I invented boobs.

      I deserve the Nobel prize for all of time.

  49. Patents on Living Things are Absurd. by twitter · · Score: 1

    now hold them responsible for anything that happens from any synthetic life. Lets see how fast the back peddle.

    They are already responsible for that. Everyone is responsible for the consequences of their actions.

    There are fundamental problems patenting life. Life replicates itself, life is not an invention and human life should never be owned.

    Patents work by keeping people from making the patented article. Applying a patent to an article which reproduces itself is silly. Anyone who owns such an object will be violating the patent. I could make up some reasoning around this, but it would put the created rights of the patent above the natural rights of the owner.

    Genetic sequences, no matter how clever, are discoveries not inventions. In order to qualify as an invention, the patent applicant should be made to prove that their particular sequence does not and never has existed in nature. The impossibility of the task highlights the absurdity of the patent itself.

    Finally, if genetic sequences can be patented parts of you and me are owned by the patent holder. In the limit, a company could patent a human being, which is obviously wrong.

    --

    Friends don't help friends install M$ junk.

  50. Better than lots of Slashdot Readers by StCredZero · · Score: 1

    A lot of them never breed, and never move out of their parent's basement!

  51. Bible = Prior Art by gurps_npc · · Score: 1
    Fool: I hereby wish to patent life.

    Patent official (I hope they are at least this intelligent): What type of life do you wish to patent.

    Fool: NO. I want to patent ALL life.

    Patent Official: Why, there might be prior art.

    Fool: NO, everyone else made "natural life", I am going to patent life that anyone makes, i.e. SYTNETHETIC life.

    Patent Official: Have you heard of God? He is this big, super-powerfull creature that some people think may have created life. That means that all life is synthetic, and priror art exists.

    Fool: I am atheistic, I don't belive in God.

    Patent Official: Regardless, the jewish bible is supposed to be 5000 years old, and we definitely have copies of it that are more than 1,000 years old, and even if you personally don't believe in god, it accurately describes life as being artificially created by a creature, and therefore prior art to your moronic synthetic life idea exists. It does not matter if the prior art was in a work of fiction or not. Now get out of hear before we stone you to death for being an obnoxios Patent abusing athiestic piece of crap.

    --
    excitingthingstodo.blogspot.com
  52. Re:That's okay (DNA) by IgLou · · Score: 2, Funny

    HA! I one upped you! I patented RNAML a markup language used to model RNA and DNAML and anything like it. You'll all screwed as you can no longer describe what you want to patent.

    MUHAHAHAHAHA! MUHAHAHAHA!

    Evil genius is me!

    --

    Oops, how did this get here?
    09 F9 11 02 9D 74 E3 5B D8 41 56 C5 63 56 88 C0
  53. The Microsoft of biology by Asgerix · · Score: 0
    From the article:

    "Venter's enterprises are positioning themselves to be the Microsoft of synthetic biology,"
    So any organism infected by their synthetic bacteria will become slow and vulnerable to viruses?
    --
    Life is wet, then you dry.
    1. Re:The Microsoft of biology by Anonymous Coward · · Score: 0

      They're french?

  54. misleading title, marginal patent by bioman-laserboy · · Score: 4, Informative

    I'm a GRA in a biomedical lab and took a course once on bioengineering, the topic of the patent.

    As mentioned previously they're not patenting synthetic life but a specific minimal set of genes required to produce a replicating bacterium. There was a non-trivial amount of work that went into researching these genes and determining the least combinations necessary for replication in a solution that provides all the basic building blocks (ie. this bacteria will not be synthesizing its own amino acids, I would imagine).

    This is could be important for industrial biosynthetic applications. Every protein expressed by a bacteria increases its metabolic load and decreases the efficiency with which it can convert input (sugars, amino acids, nucleotides) into the desired output (insulin, drugs, other useful biocompounds). By determining the minimum necessary set of genes for replication a ground-state bacteria has been designed that can be used as the starting point for designing more efficient expression systems.

    It also allows these expression systems to be more fully characterized which can help when attempting to determine and modulate the effect metabolic load and evolution will have on a vat of bacteria as it progresses from generation to generation. One problem with these systems is that synthesizing extra compounds increases the metabolic and decreases the replication rate. If it is possible for the bacteria to mutate and stop expression of the product their metabolic load decreases and they begin to replicate faster; this causes vats of bacteria to tend to evolve such that they stop producing the useful compound. There are ways to get around this (such as turning production on and off using external chemical signals, tying production to survival, etc.) that might be optimized in such a minimal system. Engineering life is tricky because of the extremely high number of potential interactions to be analyzed for every new configuration; it is more difficult because many of these interactions can't be calculated or simulated.

    This patent won't be all that useful for more complex human proteins as these require an array of post-translational modification proteins that change the product after the initial synthesis; thus they require a correspondingly complex expression system derived from a yeast cell or an animal cell (I think some worms have been used to develop complex expression systems); Alternately bacteria can be modified to produce the modification proteins. These expression systems have doubtless already been patented or are no longer patentable, so this new patent probably won't be very useful until it is bundled with a set of associated patents for efficient expression systems for various compounds.

    1. Re:misleading title, marginal patent by Rocketship+Underpant · · Score: 0, Redundant

      In order for something to meet the standard of being patentable, isn't it required that someone be able to duplicate the patented device from the descriptions and information revealed in the patent? Otherwise, the information is deemed either too vague, or outright incorrect, and thus invalid.

      Somehow, I doubt anyone can, by following the instructions in this patent, actually go and make a synthetic life-form today. That makes it, er, patently un-patentable.

      (Not that I agree with patents in the first place, but still...)

      --
      He who lights his taper at mine, receives light without darkening me.
    2. Re:misleading title, marginal patent by bioman-laserboy · · Score: 1

      There you'd be wrong. The patent lists 5 sets of genes. The patent specifically describes an organism comprised of no more than 450 genes with a certain number of genes from each set; some genes are interchangeable, some are not. If you cared to you could read through, pick out a subset of genes from the provided list, and come up with a DNA sequence.

      Then, if you were so inclined, you would call up some company or the DNA synthesizing facility at your local university and give them the sequence. They would, for some many thousands of dollars, synthesize the desired sequence. You could then take an e. coli, remove its genetic material, insert your synthetic sequence, and voila! Synthetic life. The extraneous (natural?) cellular machinery would slowly degrade, and without the original DNA around it would not be replaced. After a generation or two there would be only the synthetic mix of proteins remaining.

      Patents seem essential for capitalism, perhaps in a more communist/socialist state where all research was government funded there would be less need for IP.

    3. Re:misleading title, marginal patent by loxosceles · · Score: 1

      In its own language, the patent is seeking IP protection for sets or pre-existing genes, not specific constructed organisms or constructed genes. Even if it were patenting actual constructions (which it's not -- I see no claim that Venter & Co. actually created any of the genes in these lists, or that they created more than a few organisms with the sets of genes they're trying to patent, and if they did they could perhaps patent those individually), it is clearly abusive, I think, to patent so many things at once. This charade is patently illegitimate. (pardon the pun)

  55. What defines synthetic "life"... by Bones3D_mac · · Score: 1

    ... and should we even regard such creations as living?

    Why not just refer to them as "autonomous bio-chemical machines" and simply avoid the philosophical overhead that is sure to come from claiming you are frankensteining artificial creatures in some dark laboratory located in our back yard?

    I'd question if "Life" is soon going to be someone's registered trademark, but apparently Mikey already squatted it a few decades ago...

    --


    8==8 Bones 8==8
  56. Patenting hypotheticals by Anonymous Coward · · Score: 0

    In their U.S. patent application published May 31, Institute scientists chose a somewhat more robust 381 to 386 genes as their "minimal genome" for a hypothetical microbe, based on M. genitalium, but dubbed Mycoplasma laboratorium.

    Please note the weasel word HYPOTHETICAL in the quote; they have in fact NOT established that they have figured out how to make one of these, but want to patent it now in case someone else figures it out first. This is the very essence of (one form of) patent abuse!

    Another poster says: These guys have created a brand new form of life from the ground up and are patenting their particular genome. It's hard work, and certainly not obvious or trivial. But no, in fact they have not created a new form of life from the ground up.

    1. Re:Patenting hypotheticals by Big_Breaker · · Score: 1

      US patents may be granted without a prototype. Plenty of patents are issued for products that are "hypothetical" in the sense that materials or other engineering challenges remain to be solved. I'm not agreeing with that protocol, but again, hypothetical is fine in our system.

  57. Re:That's okay (DNA) by WillAffleckUW · · Score: 2, Funny

    Yes, but I used siRNA to silence your patent.

    --
    -- Tigger warning: This post may contain tiggers! --
  58. Business Vs Ethics by Anonymous Coward · · Score: 0

    I've always been a free market kind of guy. As long as the rights and safety of people are not harmed, go for it. BUT, there are limits to this. I feel that patenting ANY form of life, natural or lab-made, is way over the line. I feel that patenting DNA or any section of DNA from any living organism is over the line, down right offensive. I don't feel this out of some possibly misguided, possibly correct religious belief. I just don't get how you can patent something that evolved naturally. Maybe some strip of DNA/RNA/etc that was artificially created and inserted into a life form, but not the life form itself nor any part of it. Such patenting needs to be stopped and is an example of just how far the US (and other governments) have gone toward protecting business and destroying proper ethics.

  59. I Am Canadian, and... by presidenteloco · · Score: 1

    You and your infestation of stinking synthmicrobes
    are not coming into my igloo!

    --

    Where are we going and why are we in a handbasket?
  60. Re:That's okay (DNA) by IgLou · · Score: 1

    Damnit! And you're on Sisters of Elune too! You must be one of those guys vexing me in the Battlegrounds! Curses! Now it's happening on Slashdot! Foiled again...

    --

    Oops, how did this get here?
    09 F9 11 02 9D 74 E3 5B D8 41 56 C5 63 56 88 C0
  61. "J. Craig Venter and the Institute says.. by fluffywuffy · · Score: 1

    All your (genomes) bases belong to us

  62. Re:That's okay (DNA) by WillAffleckUW · · Score: 1

    not unless you're a blood elf ... I'm in the Cult of Foamy ... (e.g. Palo is the leader, and then there's Foamee and Magistra)

    --
    -- Tigger warning: This post may contain tiggers! --
  63. Minimal life forms in 1997? by ortholattice · · Score: 1
    Minimal life forms have been discovered/done since 1997, at least. One has 54 base pairs. While (like a virus) they need a host, they can reproduce, if one accepts this as a minimal definition of "life". Not sure how this relates to what is being patented, though.

    Reference:

    Eigen and Oehlenschlager, 30 years later - a new approach to Sol Spiegelman's and Leslie Orgel's in vitro evolutionary studies: dedicated to Leslie Orgel on the occasion of his 70th birthday, M. Eigen and F. Oehlenschlager, Orig. Life Evol. Biosph. 5-6 (1997), 437-457. http://math.ucr.edu/home/baez/subcellular.html#EO Spiegelman's monster

    1. Re:Minimal life forms in 1997? by quixote9 · · Score: 1

      1) What he said: minimal forms have been known for a while.

      2) Artificial genomes have been made before, both bacterial artificial chromosomes (BACs) and yeast artificial chromosomes (YACs). This is by people who've actually made these things, not just thought it would be a neat idea.

      3) Patenting vague obvious ideas (and this idea is obvious if you have any background in the field) is exactly what Verizon is trying to do by claiming to have patented the concept of voip on a phone. It's also what the Supremes just kicked back in some other case.

      4) I'm not sure why the Venter is calling it "synthetic" life when all he's done is crib liberally from an existing organism.

      5) This type of crap seems to be a pattern of practice with him. When he so-called sequenced the human genome, he just sequenced all the bits. That's not actually that hard. He used the Human Genome Project's chromosome maps to make any sense of it. That's what takes 90% of the work, computers, and brain power. What Venter did was like picking up the pieces of a shredded phone book, and telling people they could now find any number they wanted.

      The man seems to be a bit of a toxic doofus.

  64. The Green Goo is coming after us! by cyman777 · · Score: 1

    Us, the techies can decide:
    Either being eaten by patented green goo or slaughtered by open sourced nano tech mini robotic gray goo!
    Make up your minds - on which side are you standing?

    Life 2.0 vs. Gray Goo - get on your keyboards, vent (!) it out! ms

  65. Previous Art by Count_Froggy · · Score: 1

    Uhh,...previous art. Life has been on this planet since before the Patent Office.

    --
    If I am not for myself, then who will be for me? If I am only for myself, what am I? If not now, when?
  66. question here! by namekuseijin · · Score: 1

    If a random patented virus epidemics outbursts, do we have to buy patented drugs?

    --
    I don't feel like it...
  67. Don't forget about Kent by aschoeff · · Score: 1

    Nobody has yet mentioned Kent.

    http://www.wired.com/medtech/health/news/2001/08/4 6154

    Kent wouldn't exist as a real American hero, if it wasn't for the villian, Venter, and his company Celera.

    If not for Kent, the human genome would be patented right now by Celera, which would be one of the highest valued companies in the world due to the royalties that you and I would be paying right now and for the next fifteen years.

    Make no mistake, this company is a real-life villian, and giving them this patent only means more economic hardship for you and I, even though I acknowledge that under current law they should be given the patent.

  68. Hmmm. I wonder... by TrebleJunkie · · Score: 1

    I wonder.... in a million years, will these little fuckers come to the conclusion that intelligent design was a crock of shit?

    *ponders*

    --

    Ed R.Zahurak

    You know, oblivion keeps looking better every day.

  69. I predict by lazy+genes · · Score: 0

    I predict that a privatly owned racing sailboat filled with cash and a military crew will soon be heading to the Camen islands again.

  70. Overseas..... by IHC+Navistar · · Score: 1

    The USPTO is probably the biggest reason why technological achievements are now being made ELSEWHERE.....

    --
    Knowing Google's lust for data collection, the Soviet Union is still alive and well inside the psyche of Sergey Brin....
  71. Synthetic DNA by McAnix · · Score: 1

    *pulls up his chairdog*

  72. Truly a \. discussion by Anonymous Coward · · Score: 0

    The fact that they're patenting synthetic life is just a formality. The fact that they're patenting it, now that's something to discuss.

  73. I guess that's the reason.. by nxsty · · Score: 1

    .. the USA tries to force others to adopt their copyright and patent laws.

  74. Sad news... I wanted 3 kids by ZiggyStardust1984 · · Score: 1

    Damn, gotta start using condoms again...

  75. synthetic dna is not synthetic life by peter303 · · Score: 1

    There are several hundred to several thousand other chemicals that must be working in addtion to DNA before a truly artificial organism is constructed. No one knows all what these are yet. It may take decades to solve this.

    A few throwbacks claim that life can only come from life, i.e. there is some inherent patterns in the cells you just cant recreate from inert chemicals. Other claim some life energy or essence, but I think thats a supersition.

    The previous attempt at synthetic life was some viruses from scratch. They tried this with polio, but some it wasn't infectious because something was still missing.

  76. oblig. by cjdkoh · · Score: 1

    I for one welcome our synthetic minimal overlords

  77. Re: Slashdot title is clearly wrong but who cares? by Founder+of+PostGenet · · Score: 1

    The patent application (read it) is clearly not claiming "synthetic life". Journalists (alas, including Slashdot) often have no clue "how to hang a major story". ("MicrobeSoft" *is* a major story, and from a number of viewpoints...). For a scientific analysis, see SlashDot and other coverage in http://www.junkdna.com/ . Commentator (A. Pellionisz) welcomes public replies here, or privately at pellionisz_at_junkdna.com

  78. Re:"J. Craig Venter and the Institute says.. by KittenJuicer · · Score: 1

    All your (genomes) bases belong to us Shouldn't that be all your gnomes bases belong to us?

    Seriously though what happens if a patented artificial microbe happens to be a virus that infects everyone and replaces part of everyone's DNA with its DNA -- and surreptitiously also encodes the numbers "09 F9 11 02 9D 74 E3 5B D8 41 56 C5 63 56 88 C0" into your DNA? Or even if someone adds a really short song into a piece of DNA and then it goes and copies itself over and over and over again? How much would you owe the RIAA if it made a million copies? A billion? And then you share it with 2 of your closest friends, and they share the musical virus with their friends?