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varcreat
Posted: Sun Jul 13, 2008 7:44 am    Post subject: Can we patent facts about nature? Reply with quote

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yes or no pls
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KALSTER
Posted: Sun Jul 13, 2008 7:52 am    Post subject: Reply with quote

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no
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425 Chaotic Requisition
Posted: Sun Jul 13, 2008 9:54 am    Post subject: Reply with quote

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I can. Time travel is patented, I came up with it. I invented spacetime. Razz Very Happy
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Ophiolite
Posted: Mon Jul 14, 2008 8:07 am    Post subject: Reply with quote

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Portions of genomes, or rather specific genes, have been patented by the research groups who sequenced them and identified their roles.
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KALSTER
Posted: Mon Jul 14, 2008 8:13 am    Post subject: Reply with quote

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Ophiolite wrote:
Portions of genomes, or rather specific genes, have been patented by the research groups who sequenced them and identified their roles.
Really? What does that mean then, that nobody else can use that information in their research? Confused
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425 Chaotic Requisition
Posted: Mon Jul 14, 2008 8:38 am    Post subject: Reply with quote

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Now you know why Einstein worked in a patent office Laughing.
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KALSTER
Posted: Mon Jul 14, 2008 9:55 am    Post subject: Reply with quote

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Well, I would have thought that there would be a distinction between raw scientific knowledge and gadgets. Confused
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Zitterbewegung
Posted: Wed Jul 16, 2008 6:54 am    Post subject: Reply with quote

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KALSTER wrote:
Ophiolite wrote:
Portions of genomes, or rather specific genes, have been patented by the research groups who sequenced them and identified their roles.
Really? What does that mean then, that nobody else can use that information in their research? Confused


No, it means that the MoFos from Monsanto will sue you when their genetically engineered crap pollinates your corn on the adjacent patch of land allthough you neither intended nor wanted this. They'll sue you anyway allthough it's their fault, allready happened.
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KALSTER
Posted: Wed Jul 16, 2008 7:32 am    Post subject: Reply with quote

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Zitterbewegung wrote:
KALSTER wrote:
Ophiolite wrote:
Portions of genomes, or rather specific genes, have been patented by the research groups who sequenced them and identified their roles.
Really? What does that mean then, that nobody else can use that information in their research? Confused


No, it means that the MoFos from Monsanto will sue you when their genetically engineered crap pollinates your corn on the adjacent patch of land allthough you neither intended nor wanted this. They'll sue you anyway allthough it's their fault, allready happened.
Is this the American judicial system at work again? I can understand producing something and then patenting that (a genetically engineered invention), but can they really patent the raw data, i.e. the data on the roles of specific genes?
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Zitterbewegung
Posted: Wed Jul 16, 2008 7:39 am    Post subject: Reply with quote

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IIRC there was a trial about a company patenting the genes of one man's liver or spleen and he contested this claim and the company won the case allthough it were HIS genes. Don't know the exact circumstances but a google search should yield results.
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sunshinewarrior
Posted: Wed Jul 16, 2008 8:54 am    Post subject: Reply with quote

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Zitterbewegung wrote:
KALSTER wrote:
Ophiolite wrote:
Portions of genomes, or rather specific genes, have been patented by the research groups who sequenced them and identified their roles.
Really? What does that mean then, that nobody else can use that information in their research? Confused


No, it means that the MoFos from Monsanto will sue you when their genetically engineered crap pollinates your corn on the adjacent patch of land allthough you neither intended nor wanted this. They'll sue you anyway allthough it's their fault, allready happened.


That's the politicised take (and I happen to agree with it).

More forensically, though, the patented portion of the genome (which can only be patented when regular patent conditions obtain - must not have been public prior, must be original, must be unique etc) can then be used as any patent can - licensed, protected from misuse, and with the standard patent period applying (as far as I know).
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Steve Miller
Posted: Wed Jul 16, 2008 8:56 am    Post subject: Reply with quote

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No I guess. Smile
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