Slashdot Mirror


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.'"

30 of 163 comments (clear)

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

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

  4. 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 Anonymous Coward · · Score: 2, Funny

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

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

    Here's the patent application.

    --
    "Total destruction the only solution" - Bob Marley
  7. 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.
  8. 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 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
  9. 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.

  10. 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 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
    5. 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.

  11. 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
  12. 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.
  13. 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.
  14. 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.

  15. 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?
  16. 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
  17. 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.

  18. 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! --