Can you "own" life?

NoStateofMind

Diamond Member
Oct 14, 2005
9,711
6
76
Recently there was a claim by a scientist that he created synthetic life. Now as a result he wants to submit his "invention" for a patent.

A top UK scientist who helped sequence the human genome has said efforts to patent the first synthetic life form would give its creator a monopoly on a range of genetic engineering.

Professor John Sulston said it would inhibit important research.

US-based Dr Craig Venter led the artificial life form research, details of which were published last week.

http://news.bbc.co.uk/2/hi/science_and_environment/10150685.stm
 

PottedMeat

Lifer
Apr 17, 2002
12,365
475
126
Well, you can "own" chemical compounds.

i think you can 'own' sections of human DNA too, a university in mass. was stopped from doing cancer tests on a section patented by some company. but i believe it was recently overturned in court.
 

Schadenfroh

Elite Member
Mar 8, 2003
38,416
4
0
i think you can 'own' sections of human DNA too, a university in mass. was stopped from doing cancer tests on a section patented by some company. but i believe it was recently overturned in court.

Did they patent the sections of DNA itself or the technique used to isolate and analyze it?
 

PottedMeat

Lifer
Apr 17, 2002
12,365
475
126
Did they patent the sections of DNA itself or the technique used to isolate and analyze it?

hmm it seems both...

http://www.cbsnews.com/stories/2010/04/01/60minutes/main6354069.shtml

Myriad Genetics controls all testing on the two breast cancer genes because they own the genes, lock stock and barrel. They patented them and no one else can legally test for them, or look at them, or even develop potential therapies that are based on them without Myriad's consent.
 

imported_Champ

Golden Member
Mar 25, 2008
1,608
0
0
hmm it seems both...

http://www.cbsnews.com/stories/2010/04/01/60minutes/main6354069.shtml

Myriad Genetics controls all testing on the two breast cancer genes because they own the genes, lock stock and barrel. They patented them and no one else can legally test for them, or look at them, or even develop potential therapies that are based on them without Myriad's consent.

that can't be possible, you can't patent something natural in the human body, maybe a way to extract it but not anything that would effect that gene
 

Veramocor

Senior member
Mar 2, 2004
389
1
0
that can't be possible, you can't patent something natural in the human body, maybe a way to extract it but not anything that would effect that gene

Its patented as using the word "Isolated". The courts ruled that while a gene may exist in nature it exists as part of a chromosome and does not exist "isolated".
 

tincart

Senior member
Apr 15, 2010
630
1
0
The J Craig Venter Institute is funded by a company called Synthetic Genomics. JCVI does not patent anything and is considered a non-profit research house. SG patents the results of research there and tries to monetize them.

SG has applied for 13 patents on synthetic genomes invested by JCVI. They will also patent the parts of the technology - so far as I know they already did both parts of this process in separate procedures (building a synthetic genome and transplanting one genome from one cell into another) so any novel techniques were probably already patented from those trials.

A significant and as yet unpublished part of the process involved tricking the host cell into accepting the synthetic DNA by suppressing an enzyme in the host cell that would have attacked the "invading" genetic material - they haven't disclosed how the trick was done and will definitely patent the technique as well.
 
May 11, 2008
20,041
1,288
126
The J Craig Venter Institute is funded by a company called Synthetic Genomics. JCVI does not patent anything and is considered a non-profit research house. SG patents the results of research there and tries to monetize them.

SG has applied for 13 patents on synthetic genomes invested by JCVI. They will also patent the parts of the technology - so far as I know they already did both parts of this process in separate procedures (building a synthetic genome and transplanting one genome from one cell into another) so any novel techniques were probably already patented from those trials.

A significant and as yet unpublished part of the process involved tricking the host cell into accepting the synthetic DNA by suppressing an enzyme in the host cell that would have attacked the "invading" genetic material - they haven't disclosed how the trick was done and will definitely patent the technique as well.

I have a hypothetical question.

If the scenario is that they used the same techniques of inserting DNA (natural or synthetic) as natural occurring viruses, would those techniques still qualify for patenting ?
Or does exist a rule that natural occurring "techniques" cannot be patented ?
 

Kadarin

Lifer
Nov 23, 2001
44,303
15
81
I have a hypothetical question.

If the scenario is that they used the same techniques of inserting DNA (natural or synthetic) as natural occurring viruses, would those techniques still qualify for patenting ?
Or does exist a rule that natural occurring "techniques" cannot be patented ?

Well, since a gene itself can be patented (I hope this is completely overthrown in court), then I wouldn't be surprised if a natural process can be. Now I'll wait for some patent troll to patent photosynthesis...
 

BoberFett

Lifer
Oct 9, 1999
37,563
9
81
In our current economy where a large part of what the US produces is IP and not physical goods, I'm going to guess that the corporations will be given lots of dubious patents and copyrights that further entrench them.
 
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