Tuesday, November 15, 2005

mopslik writes "A story on National Geographic News cites a study claiming that 20% of all human genes 'have been patented in the United States, primarily by private firms and universities.' While universities hold 28% of all gene-related patents, 63% belong to private firms, with a whopping 2000 patented genes (approximately 67%, or 50% total) belonging to a single firm." From the article: "You can find dozens of ways to heat a room besides the Franklin stove, but there's only one gene to make human growth hormone ... If one institution owns all the rights, it may work well to introduce a new product, but it may also block other uses, including research ..." 1/5 of All Human Genes Have Been Patented Log in/Create an Account | Top | 389 comments (Spill at 50!) | Index Only | Search Discussion Display Options Threshold: -1: 389 comments 0: 389 comments 1: 308 comments 2: 193 comments 3: 53 comments 4: 30 comments 5: 16 comments Flat Nested No Comments Threaded Oldest First Newest First Highest Scores First Oldest First (Ignore Threads) Newest First (Ignore Threads) The Fine Print: The following comments are owned by whoever posted them. We are not responsible for them in any way. (1) | 2 Searching for Prior Art? (Score:4, Funny) by pmike_bauer (763028) on Friday October 14, @03:50PM (#13793099) ...just check my archives.God. [ Reply to ThisRe:Searching for Prior Art? by ehiris (Score:1) Friday October 14, @04:11PMThey came about the same way. by itomato (Score:2) Friday October 14, @05:13PMRe:They came about the same way. by ehiris (Score:2) Friday October 14, @06:13PM1 reply beneath your current threshold.Re:Searching for Prior Art? by nofx_3 (Score:2) Friday October 14, @04:13PMRe:Searching for Prior Art? by Skye16 (Score:2) Friday October 14, @05:25PMRe:Searching for Prior Art? by modecx (Score:2) Friday October 14, @10:11PM The Right to Keep and Bear Arms (Score:5, Funny) by yintercept (517362) on Friday October 14, @04:23PM (#13793480) (http://communitycolor.com/ | Last Journal: Wednesday October 12, @06:54PM) RE: "The Right to Keep and Bear Arms" FYI, the genes that create arms are now the property of Sybiotic Genes Operations (SGO) based in Lindon, Utah. While people who currently have arms will be allowd to keep and bear them (According the Constitution) the SGO Group asks that all people who are currently in the process of growing arms (infants and children) pay a reasonable licensing fee for the use of the genes used to grow said arms. [ Reply to This | ParentRe:The Right to Keep and Bear Arms by Terrasque (Score:1) Friday October 14, @05:01PMRe:The Right to Keep and Bear Arms by Meagermanx (Score:3) Friday October 14, @06:00PM1 reply beneath your current threshold. Didn't File In Time (Score:4, Funny) by blueZhift (652272) on Friday October 14, @04:24PM (#13793498) (http://bluezhift.proliphus.com/ | Last Journal: Thursday July 14, @11:06AM) God: Uh, you know I invented the human genome right after I created the rest of the cosmos.Patent Officer: (Head down scribbling.) Did you file the proper paperwork?God: No.Patent Officer: (Head still down.) Sorry. I can't help you. Perhaps you can purchase a license from the patent holders.God: (Turns around and leaves.)All fades out...forever...  [ Reply to This | Parent Re:Didn't File In Time (Score:4, Funny) by Anonymous Coward on Friday October 14, @04:30PM (#13793556) I prefer the ending where the Patent Officer gets zapped. [ Reply to This | Parent Re:Didn't File In Time (Score:4, Funny) by jZnat (793348) * on Friday October 14, @05:52PM (#13794219) (http://junkie.generisite.net/ | Last Journal: Wednesday April 27, @06:28PM) That's right, baby, magic fingers. /Family Guy [ Reply to This | ParentRe:Didn't File In Time by guinsu (Score:2) Friday October 14, @08:34PMRe:Didn't File In Time by Mozk (Score:1) Friday October 14, @10:48PMSo did Rick James ... by Agarax (Score:1) Saturday October 15, @12:27AMRe:Didn't File In Time by Ignominious Cow Herd (Score:2) Friday October 14, @05:58PMRe:Didn't File In Time by dna_(c)(tm)(r) (Score:1) Friday October 14, @06:23PMRe:Searching for Prior Art? by nan0 (Score:1) Friday October 14, @04:53PMWhat have they invented??? by e_armadillo (Score:1) Friday October 14, @05:01PMRe:Searching for Prior Art? by Thyrsus (Score:3) Friday October 14, @07:39PMBlasphemy!! by Tmack (Score:2) Friday October 14, @05:04PMRIAA by WallaceAndGromit (Score:1) Friday October 14, @05:07PMRe:RIAA by Taladar (Score:2) Friday October 14, @06:13PMhow about this... by BenSchuarmer (Score:1) Friday October 14, @05:34PMRe:Searching... what if... by Elixon (Score:1) Friday October 14, @06:01PMCan I patent Organs? by manno (Score:1) Friday October 14, @07:36PMRe:Searching for Prior Art? by gad_zuki! (Score:2) Friday October 14, @08:08PM1 reply beneath your current threshold.Re:Searching for Prior Art? by pmike_bauer (Score:1) Friday October 14, @03:59PMRe:Searching for Prior Art? by Anonymous Coward (Score:1) Friday October 14, @04:10PMRe:Searching for Prior Art? by ak3ldama (Score:2) Friday October 14, @04:20PM Re:Searching for Prior Art? (Score:4, Funny) by Lucractius (649116) <Lucractius@gm[ ].com ['ail' in gap]> on Friday October 14, @04:52PM (#13793763) (Last Journal: Thursday October 06, @02:38PM) Do not panic. The Authorities have been warned.he will be unfairly treated to the full abuse of the law.oops i didnt mean to say that........ [ Reply to This | ParentRe:Searching for Prior Art? by deaddrunk (Score:2) Friday October 14, @05:20PMRe:Searching for Prior Art? by ratpack91 (Score:1) Friday October 14, @07:31PMRe:Searching for Prior Art? by Dread_ed (Score:2) Friday October 14, @04:34PMRe:Searching for Prior Art? by rainman_bc (Score:2) Friday October 14, @05:25PMRe:Searching for Prior Art? by VagaStorm (Score:1) Friday October 14, @05:38PMRe:Searching for Prior Art? by rainman_bc (Score:2) Friday October 14, @06:18PM1 reply beneath your current threshold.1 reply beneath your current threshold.Re:Searching for Prior Art? by Meagermanx (Score:2) Friday October 14, @05:56PM1 reply beneath your current threshold.Re:Searching for Prior Art? by Dan-DAFC (Score:2) Friday October 14, @07:22PM1 reply beneath your current threshold. Correction (Score:5, Informative) by mopslik (688435) on Friday October 14, @03:50PM (#13793100) Whoops. I realized after hitting "Submit" that I had mixed the "more than 4000 genes" and "20% of 24000 genes" (=4800) in my percentages. Using 4800 as the estimated number of gene-related patents, more accurate numbers are:Universities: 28% of all gene-related patents4800*0.28=1344 patents heldPrivate firms: 63% of all gene-related patents4800*0.63=3024 patents held2000/3024 = 66% of all firm-held patents held by Incyte2000/4800 = 41.6% of all gene-related patents held by Incyte (not 50% as stated) [ Reply to This Re:Correction (Score:4, Interesting) by Impy the Impiuos Imp (442658) on Friday October 14, @03:54PM (#13793162) (Last Journal: Friday August 12, @09:19PM) On the other hand, in 17 years they will all be free game again. More likely than not not too much will be able to be taken advantage of before then. [ Reply to This | Parent Re:Correction (Score:5, Insightful) by CyricZ (887944) on Friday October 14, @03:57PM (#13793214) Unless the patent term is extended some time before then. And then they will still be encumbered. [ Reply to This | ParentRe:Correction by killmenow (Score:1) Friday October 14, @04:04PM1 reply beneath your current threshold. Re:Correction (Score:4, Informative) by angle_slam (623817) on Friday October 14, @04:39PM (#13793652) Unlike the copyright act, the patent term has remained constant for quite a while. The term was 17 years from issuance from 1861 to 1995. The term was changed to 20 years from filing date in 1995, but that change had only a small effect on patent terms because patents can take up to 3 years from filing to issuance. [ Reply to This | ParentRe:Correction by cas2000 (Score:1) Friday October 14, @11:01PMNo, we don't extend patents. by Grendel Drago (Score:2) Friday October 14, @05:56PMRe:Correction by killmenow (Score:1) Friday October 14, @04:02PMRe:Correction by BewireNomali (Score:2) Friday October 14, @04:53PMRe:Correction by Znork (Score:3) Friday October 14, @05:08PMRe:Correction by Neil Watson (Score:3) Friday October 14, @03:55PMRe:Correction by ArAgost (Score:1) Friday October 14, @07:41PM Re:Correction (Score:4, Insightful) by slashdotnickname (882178) on Friday October 14, @04:02PM (#13793268) So what does having a "gene patent" mean?My RNA is transcribing genes all the time into proteins, am I now violating someone's patent? What's the difference between my body using my genes and some machine I create using them?This sounds so retarded... must.. control... urge... to cuss... [ Reply to This | Parent Re:Correction (Score:5, Informative) by MindStalker (22827) <jlarsen&fsu,edu> on Friday October 14, @04:12PM (#13793381) (Last Journal: Tuesday September 13, @04:45PM) Good to see someone asking this question. A gene patent is actually a patent on the method they use to detect the gene (essentially detection is done through a mirror DNA sequence if it sticks its what you where looking for). There really is no patent on that actual gene, but if you can't create this mirror sequence to bind DNA to the detectors there is no real way to do much medical research on it and you have to pay licensing fees to the discover of the gene for the rights to detect and use it. Now know that the patent will end some day. [ Reply to This | ParentRe:Correction by BorgCopyeditor (Score:2) Friday October 14, @04:17PMRe:Correction by MindStalker (Score:2) Friday October 14, @04:22PMRe:Correction by Fareq (Score:1) Friday October 14, @05:17PMRe:Correction by thedcm (Score:1) Friday October 14, @05:08PMRe:Correction by Sebby (Score:2) Friday October 14, @05:13PMRe:Correction by Viper Daimao (Score:1) Friday October 14, @05:24PMRe:Correction by Moofie (Score:2) Friday October 14, @05:37PM1 reply beneath your current threshold.Re:Correction by Raul654 (Score:2) Friday October 14, @05:37PMRe:Correction by jZnat (Score:2) Friday October 14, @06:01PMRe:Correction, a quick question by ace1317 (Score:1) Friday October 14, @05:38PM Re:Correction (Score:4, Insightful) by rolfwind (528248) on Friday October 14, @05:40PM (#13794140) It sounds to me that one method to detect genes in general was found years ago, and all these gene patents are, are obvious (or semi-obvious) extensions/variations to the method.Would that be correct or am I missing the boat? [ Reply to This | ParentRe:Correction by Punchcardz (Score:1) Friday October 14, @06:34PMRe:Correction by espressojim (Score:3) Friday October 14, @07:25PM3 replies beneath your current threshold.Gene Patent by JackL (Score:1) Friday October 14, @04:46PMRe:Gene Patent by arkanes (Score:3) Friday October 14, @05:02PMRe:Correction by thedcm (Score:1) Friday October 14, @04:59PMThe positive side of this by ortholattice (Score:2) Friday October 14, @04:20PM1 reply beneath your current threshold. So.... (Score:5, Funny) by i.r.id10t (595143) on Friday October 14, @03:50PM (#13793102) So... which one of us meat popsicles gets to claim "prior art" first? [ Reply to ThisRe:So.... by Ironsides (Score:2) Friday October 14, @03:51PMRe:So.... by Dark Paladin (Score:2) Friday October 14, @03:54PMRe:So.... by dpilot (Score:2) Friday October 14, @04:20PMRe:So.... by RandoX (Score:1) Friday October 14, @04:06PMRe:So.... by ArsonSmith (Score:2) Friday October 14, @04:18PMRe:So.... by sconeu (Score:3) Friday October 14, @04:24PMRe:So.... by thedcm (Score:1) Friday October 14, @04:59PMRe:So.... by xero314 (Score:1) Friday October 14, @04:09PMRe:So.... by thedcm (Score:1) Friday October 14, @04:59PMGod has priort art by NFN_NLN (Score:2) Friday October 14, @03:50PMDoesn't work that way by doublem (Score:1) Friday October 14, @03:58PMRe:Doesn't work that way by bombadillo (Score:1) Friday October 14, @04:14PMRe:Doesn't work that way by Munk (Score:1) Friday October 14, @04:39PM1 reply beneath your current threshold.Re:Doesn't work that way by doublem (Score:2) Friday October 14, @04:42PM1 reply beneath your current threshold.But by einhverfr (Score:1) Friday October 14, @04:02PMRe:But by MSZ (Score:1) Friday October 14, @06:50PM3 replies beneath your current threshold.Wait wait, what the hell? by InsideTheAsylum (Score:3) Friday October 14, @03:50PMRe:Wait wait, what the hell? by einhverfr (Score:2) Friday October 14, @03:53PM It's not just patenting gene sequences (Score:5, Informative) by jfengel (409917) on Friday October 14, @04:18PM (#13793438) (http://slashdot.org/ | Last Journal: Monday November 03, @04:59PM) The name "gene patents" is a bit hysterical. The USPTO Guidelines [gpo.gov] say, "If a patent application discloses only nucleic acid molecular structure for a newly discovered gene, and no utility for the claimed isolated gene, the claimed invention is not patentable. But when the inventor also discloses how to use the purified gene isolated from its natural state, the application satisfies the ``utility'' requirement. That is, where the application discloses a specific, substantial, and credible utility for the claimed isolated and purified gene, the isolated and purified gene composition may be patentable."So it's not just the DNA sequence that they're patenting; it's the DNA sequence plus a description of how to use it. Not just your body using it, but a technological invention outside your body.It still seems like an awful lot of store to give away. The idea is that isolating and understanding the functions of genes is expensive, so to encourage people to do it they're giving away rights to use the results of that research (i.e. more than just props for being the first to describe it.)But no, you can't sue somebody for having children; the use of the gene in its natural state (i.e. you) isn't patentable. Producing the same chemical as a medicine is There's a long history of getting patents on stuff you find in nature and putting a use to it; they cite a patent on adrenaline. You didn't lose right right to get excited, but you couldn't bottle up the output of your adrenal gland without coming up against their patent.I'm not defending it; I'm just explaining it. [ Reply to This | ParentRe:It's not just patenting gene sequences by Dachannien (Score:2) Friday October 14, @04:37PMRe:It's not just patenting gene sequences by arkanes (Score:2) Friday October 14, @05:07PMRe:It's not just patenting gene sequences by Irish_Samurai (Score:3) Friday October 14, @05:21PMRe:It's not just patenting gene sequences by Intron (Score:2) Friday October 14, @05:35PMWho's sueing a friggin farmer. by falconwolf (Score:2) Friday October 14, @08:46PMRe:Who's sueing a friggin farmer. by Irish_Samurai (Score:2) Friday October 14, @08:54PMRe:Who's sueing a friggin farmer. by falconwolf (Score:2) Friday October 14, @09:18PMRe:Who's sueing a friggin farmer. by Irish_Samurai (Score:2) Friday October 14, @09:37PMRe:It's not just patenting gene sequences by jfengel (Score:3) Friday October 14, @05:32PMRe:It's not just patenting gene sequences by RespekMyAthorati (Score:1) Friday October 14, @09:45PMCorrection: by schon (Score:2) Friday October 14, @11:35PMRe:It's not just patenting gene sequences by jfengel (Score:2) Saturday October 15, @12:03AMRe:It's not just patenting gene sequences by yfarren (Score:2) Friday October 14, @04:43PMRe:It's not just patenting gene sequences by jfengel (Score:2) Friday October 14, @05:14PMuse of the gene in its natural state... by temojen (Score:2) Friday October 14, @05:06PMRe:It's not just patenting gene sequences by NerdJock (Score:1) Friday October 14, @07:07PM1 reply beneath your current threshold.Re:Wait wait, what the hell? by nofx_3 (Score:1) Friday October 14, @04:21PMRe:Wait wait, what the hell? by Locke2005 (Score:3) Friday October 14, @03:55PMRe:Wait wait, what the hell? by InsideTheAsylum (Score:1) Friday October 14, @03:57PMRe:Wait wait, what the hell? by Shakrai (Score:2) Friday October 14, @04:05PM1 reply beneath your current threshold.1 reply beneath your current threshold. Re:Wait wait, what the hell? (Score:5, Funny) by cpu_fusion (705735) on Friday October 14, @03:59PM (#13793232) Clippy: I see you are trying to apply logic to the patent system.Would you like to:1. Take bong hits until this makes sense2. Shoot self to save time3. Hey look over there, a shiny pebble! [ Reply to This | ParentI'd love to laugh like hell... by multiOSfreak (Score:1) Friday October 14, @04:15PMRe:Wait wait, what the hell? by sbillard (Score:3) Friday October 14, @04:31PMRe:Wait wait, what the hell? by gid13 (Score:2) Friday October 14, @03:59PMRe:Wait wait, what the hell? by blindbat (Score:1) Friday October 14, @04:03PMRe:Wait wait, what the hell? by amliebsch (Score:2) Friday October 14, @04:35PMRe:Wait wait, what the hell? by pmike_bauer (Score:1) Friday October 14, @04:04PM Re:Wait wait, what the hell? (Score:5, Informative) by arkham6 (24514) on Friday October 14, @04:07PM (#13793313) When I was taking a business trip once, I sat next to a man who turned out to be a lawyer for a biochemical company. How he explained this to me was that the genes that are being patented are not the 'native' gene that is in every human,but a 'purified' version of the gene that has extranious garbage taken out.So CGDAAADAACG that you may find in nature, you get CGAAAAACG, since the D enzyme are considered garbage in this example.I asked him if they really knew that the D enzyme was really garbage, and he said that they did not, but they were fairly confident it didnt do anything. [ Reply to This | ParentRe:Wait wait, what the hell? by Shakrai (Score:2) Friday October 14, @04:09PM Re:Wait wait, what the hell? (Score:5, Funny) by confusednoise (596236) on Friday October 14, @04:11PM (#13793369) If you have a "D" in your nucleotide sequence, I suspect you have bigger problems than just patent issues ;-)Hint: The only bases in use in Earth DNA are Adenine, Cytosine, Guanine and Thymine (ACGT). [ Reply to This | ParentRe:Wait wait, what the hell? by gvibes (Score:1) Friday October 14, @04:34PMRe:Wait wait, what the hell? by Rev.LoveJoy (Score:2) Friday October 14, @04:49PMRe:Wait wait, what the hell? by z0idberg (Score:2) Friday October 14, @05:17PMD = A, G, or T by Momomoto (Score:3) Friday October 14, @06:00PMRe:Wait wait, what the hell? by WiggyWack (Score:1) Friday October 14, @08:31PMRe:Wait wait, what the hell? by DianeOfTheMoon (Score:1) Friday October 14, @08:50PMRe:Wait wait, what the hell? by jc42 (Score:2) Friday October 14, @09:54PMbettar than real! by Thud457 (Score:1) Friday October 14, @04:42PM3 replies beneath your current threshold.Re:Wait wait, what the hell? by rava (Score:1) Friday October 14, @04:42PMRe:Wait wait, what the hell? by Daverd (Score:2) Friday October 14, @04:44PMRe:Wait wait, what the hell? by Moofie (Score:1) Friday October 14, @05:44PMRe:Wait wait, what the hell? by Lehk228 (Score:2) Friday October 14, @05:51PMAll your . . . by kai.chan (Score:2) Friday October 14, @04:10PMRe:All your . . . by maxwells_deamon (Score:1) Friday October 14, @04:25PM1 reply beneath your current threshold.Re:Wait wait, what the hell? by Marc Desrochers (Score:2) Friday October 14, @04:16PM1 reply beneath your current threshold.Re:Wait wait, what the hell? by bombadillo (Score:2) Friday October 14, @04:17PMRe:Wait wait, what the hell? by bfields (Score:2) Friday October 14, @04:17PMRe:Wait wait, what the hell? by Mistshadow2k4 (Score:1) Friday October 14, @04:27PMRe:Wait wait, what the hell? by Bluetick (Score:1) Friday October 14, @04:32PMRe:Wait wait, what the hell? by MHobbit (Score:2) Friday October 14, @04:44PMRe:Wait wait, what the hell? by deblau (Score:2) Friday October 14, @09:34PM2 replies beneath your current threshold. I may just be me, but... (Score:5, Insightful) by Nom du Keyboard (633989) on Friday October 14, @03:50PM (#13793110) I don't think such patents should be allowed. It's like a company owning a piece of me -- and I wasn't even paid for it!The only reasonably good news is that such patents should expire, and when they do they can't be re-patented again. But given the dismal record of extending copyrights well beyond the time of anyone living today, can patents be far behind? [ Reply to ThisRe:I may just be me, but... by putko (Score:2) Friday October 14, @03:54PMRe:I may just be me, but... by dgatwood (Score:2) Friday October 14, @04:01PM Re:I may just be me, but... (Score:4, Informative) by putko (753330) on Friday October 14, @04:09PM (#13793338) (http://www.somethingawful.com/articles.php?a=2768 | Last Journal: Wednesday October 05, @04:08AM) You use the future tense, but that's already happened, right? [ Reply to This | ParentRe:I may just be me, but... by dgatwood (Score:2) Friday October 14, @05:11PMRe:I may just be me, but... by putko (Score:2) Friday October 14, @06:44PM1 reply beneath your current threshold.Re:I may just be me, but... by bentcd (Score:2) Friday October 14, @04:07PMRe:I may just be me, but... by sethaw (Score:1) Friday October 14, @05:15PMRe:I may just be me, but... by afaik_ianal (Score:1) Friday October 14, @08:41PMWTF?!??! by ploafmaster general (Score:1) Friday October 14, @03:51PMRe:WTF?!??! by Ced_Ex (Score:2) Friday October 14, @03:53PMRe:WTF?!??! by JustOK (Score:1) Friday October 14, @04:01PMRe:WTF?!??! by Senzei (Score:1) Friday October 14, @04:12PM1 reply beneath your current threshold.1 reply beneath your current threshold.genetic domain by Broken_Ladder (Score:1) Friday October 14, @03:51PM2 replies beneath your current threshold. Expiration? (Score:5, Insightful) by gr8_phk (621180) on Friday October 14, @03:51PM (#13793122) Given the amount of time it will take to really grasp how all these genes and things play together, the patents could mostly be expired by the time the innovation comes. Yeah, I know they'll extend them forever like copyrights at some point. Say it with me... P.T.O must Go. P.T.O must Go. [ Reply to Thisself replicating patents by idlake (Score:3) Friday October 14, @04:22PMRe:self replicating patents by sustik (Score:2) Friday October 14, @04:47PMThis holds true in the US by aztektum (Score:2) Friday October 14, @05:14PMRe:Expiration? by The Evil Couch (Score:2) Friday October 14, @06:16PM1 reply beneath your current threshold.God to Satan by pottymouth (Score:1) Friday October 14, @03:51PMJust circumvent the patent by Anonymous Coward (Score:1) Friday October 14, @03:52PMSo...... by FamineMonk (Score:1) Friday October 14, @03:52PMTurn the tables... by zwilliams07 (Score:1) Friday October 14, @03:52PMRe:Turn the tables... by marcantonio (Score:1) Friday October 14, @04:18PMRe:Turn the tables... by donutz (Score:2) Friday October 14, @04:26PMRe:Turn the tables... by StalinsNotDead (Score:1) Friday October 14, @04:50PMRe:Turn the tables... by DarKnyht (Score:1) Friday October 14, @11:31PMSorry guys by kerohazel (Score:1) Friday October 14, @03:53PM1 reply beneath your current threshold.You know that seen in Fight Club? by AlltheCoolNamesGone (Score:1) Friday October 14, @03:53PMGene Patent by Grax (Score:1) Friday October 14, @03:53PM Facts? (Score:5, Interesting)

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