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2009 Nobel Ribosome Structures — Patented
tabascoj writes 'The announcement of this year's Nobel Prize in Chemistry is the latest reminder that fundamental components of biology are being increasingly, and aggressively, patented. A commentary, from yalepatents.org, focuses on the research and subsequent patents, held by Yale and Thomas Steitz, one of this year's laureates.'
But should research so fundamental to life, such as the ribosome structure, be locked up for commercial gainâ"like Dynamite? Should a private institution, such as Yale, have the only say over how ribosomes may be developed into new biomedical technologies?
No, research should never be locked up. The patent system should evolve to the point where laymen with appropriate field knowledge and the right tools can copy ANY patented technique.
Yes, Yale absolutely has a right to decide what they do with their patent. If they sit on it, that's fine. There are other methods of doing what they learned to do. If the license it, that's fine too. Giving businesses the ability to benefit from their basic research is a good thing.
If Yale accumulates a big enough patent portfolio and tampers with the free market, they should be subject to government investigations and penalties. But in the case of Yale... they'll license to patent to bring in money to fund more fundamental research to future Yale scientists can advance the state of the art even further.
If the author really wants to attack stupid biological patents, he should investigate (correct me if I'm wrong, but I believe the biggest offender is) Monsanto.
From the article, ...cover not only the process for determining the structure of the molecules, but also the computation used to design new antibiotics.
Now, this might not be saying the whole story, but it doesn't sound like the ribosomes are what's being patented (which would result in ire here). Instead, it's a technique of how to find what molecules and bindings are used by the ribosomes (or something along those lines.)
The second part, the computation, probably a little more evil, but again it's a little light on details.
I could probably do a patent search and see exactly what the abstracts are...but I doubt I could understand them without a tl;dr and a chemistry glossary.
Basically, there's undoubtedly something patentable within this process it's just a matter of making sure they've got the right thing patented. I don't see anyone patenting a gene or a molcule here so there's no "nature made this already" defense. Furthermore, I don't think anyone can exactly make an "obviousness" claim here; USPTO might be pretty lax about prior art, but I'd think the Nobel committee would be a bit more thorough about trying to locate prior research.
... at least read the summary carefully. They didn't patent the natural structures.
XML is a known as a key material required to create SMD: Software of Mass Destruction
It's not the "fundamental components of biology" that are being patented. It's the new methods of manipulating and studying them. I don't really see the problem. Patents can be licensed and will eventually end. It costs a lot of money in R&D to do this research. Why should an organization bear this cost out of the kindness of their heart? Isn't this pretty much the point of the patent system? To promote the sharing of new and novel ideas while still protecting the inventor's/researcher's work?
New rule: you can not comment on something you didn't even bother to read. It's processes to find or design antibiotics targeting the ribosome that were patented, not the ribosome itself. You're creating millions of ribosomes each second, and you haven't been sued yet, have you?
Fleur de Sel