Dolly Cloning Method Patented 67
Cy Guy writes "The BBC is reporting that Roslin Institute, along with two government agencies that helped fund the research, has been awarded a UK patent for the technology used to produce a clone of Dolly the Sheep in 1996.
Roslin has already been sold an exclusive license for the technology to the U.S. company Geron for $45M.
"
Give me ONE good reason for any patent (Score:2)
Can somebody give any good reason in defense of the patent system?
Let's talk about typical excuses for keeping the patent.
Excuse (1) : It rewards the innovators and thus encourages innovation.
Answer:
Scientific discoveries have been done and will be done without any
patent system. Patenting slows down freedom of utilzing the fruits
those discoveries.
Innovation and inventions like TCP/IP, WWW, HTML, XML would have been
far less successful they were patented. Internet as we know today
would not have existed and there would have been BBSes operated by AOL
and Microsoft.
So, the patent system serves the purpose of creating new monopolies or
entrenching the current ones. Patents just raise barriers to entry for
new smaller innovative players to the market. That's why established
big market players love the patent system and they patent everything
that comes to mind. Patents are used as tools to reduce competition
and thus hinders innovation.
Excuse (2) : The inventors need to eat too and recoup the cost.
Answer:
Then let the inventor keep his/her technology a trade secret. If that
technology is really that non-obvious, then he would get a significant
headstart in the market before the competitors can reverse-engineer it
or come up with their own competitive invention. Keep/make
reverse-engineering legal but keep stealing trade-secret illegal.
Cloning (Score:1)
Who paid for research? (Score:2)
Random Musings... (Score:2)
This is a genuinely innovative, non-obvious process, AFAICT, which means I think it's fair for them to patent it. But, if a mad scientist were to use the process to clone themselves, which one would they sue?
A major theme from Jurassic Park (the book) (Score:2)
Biotech companies fall in and out of existence with incredible rapidity these days. Imagine the potential wealth that could be had if a particular biotech company was able to patent the process of growing a living and breathing Wooly Mammoth, an event that has a real potential of happening.
And how long before somebody figures out that kids would simply love a picacho(sp?) that was a real living and breathing animal. Biotech has the capacity to give us wonderful medical advancements, but I think it's a dangerous tool to be put in the hands of the impulse driven public.
It was funny when the Flinstones used animals as tools ... I wonder if it will still be humorous when we start to.
Okay... (Score:1)
Hmmm (Score:1)
This one seeme reasonable (Score:4)
Re:Dangerous ground. (Score:2)
It could be argued in Philosophy 101, but not in a patent infringrement lawsuit. The patent is on a process, not a physical construction.
Consciousness is not what it thinks it is
Thought exists only as an abstraction
Re:Dangerous ground. (Score:1)
Perfectly normal patent (Score:1)
Well deserved. (Score:3)
Re:Government Money was used for this (Score:1)
Isn't there some sort of unwritten rule that says academic and government institutions work for the benefit of the scientific community, not in an attempt to gather revenue?
Tell that to all the Ivy League schools in the US. Alot of them have been applying for patents which deal with discoveries they've had in their academic research. The result is that the school gets all royalties... kind of a scarey though actually, that universities have the potential to become an economic power instead of just an academic power.
This may be a good thing... (Score:1)
I interpret this as: we will license the technology to other companies so other companies can develop or enhance this tecnhology but our patent will hopefully prevent ethical arguments from blowing out of proportion.
Re:Government Money was used for this (Score:3)
He also pointed out that the Institute doesn't qualify for Wellcome Trust grants, leaving patents as the most obvious method for paying the bills and increasing their research budget.
Not terrible... (Score:2)
However, I don't like patents in general. So therefore, I am going to patent the splicing of genes from two homo-sapiens, to create a third homo-sapien with characteristics from the first two.
(I'll let the crowd figure that one out.
---
Nope... (Score:1)
Definitely innovative and non-obvious, until this was done there was repeated insistence that animal, unlike plant, cells would never be able to be used for cloning as they were not totipotent.
W.r.t. the mad scientist, well - mad scientists are good for driving technology and thus the best thing to do is to clone the mad scientist thousands of times. Thus, even for heinous crimes the guilt is distributed over many bodies and the individual punishment is thus negligible as the moral quota tends to 1/infinity.
Re:Dangerous ground. (Score:1)
After all, this is not a machine or mechanism
It could be argued that it is the construction of a particular type of machine - a biological machine. Just because the parts are made of cells doesn't mean that this is no less a mechanism. They've shown a way to take bits of things found in nature and use them to create other things. Would we argue against nano-tech because it used atoms? - merely a process that puts molecules together in different ways?
What if somebody patented a medical operation? "I'm sorry, Doctor, if you remove that tumor we'll have to sue you."
Restricting access to things that are necessary for life and health go on all the time under our current system. Hence the high price of drugs for the third world etc. It's capitalism.
Re:Open source, patents and scientific community (Score:1)
Re:Open source, patents and scientific community (Score:2)
Re:Give me ONE good reason for any patent (Score:1)
Sorry, but this is a valid reason. sure, newton discovered laws of gravity and Kepler the laws of planetary motion without the security of patent law, but most of the patents taken out these days are by large companies who simply would not pay the extraordinary R&D costs that they do to invent something that could be used by their competitors.
Trade Secrecy law in the US is much, much weaker than patent law. If IBM were to create a new way to store billions of bits in a cubic centimeter and called it a trade secret, and someone took it apart and figured out how it worked, poof! Trade secrecy benefits are legally gone. If a disgruntled employee walks and posts it on the net, they could sue the employee, but still, Poof! It's gone. Pharmecutical companies would close their R&D departments, and you're dense if you think universities or GPL groups could pick up the slack.
On another point, your example:
Innovation and inventions like TCP/IP, WWW, HTML, XML would have been
far less successful they were patented.
While arguably true (if the patent owner didn't give a public license to use the technologies), this example is flawed, as these are protocols whos very essence is based on the premise that everyone uses them. A cloning process doesn't require that everyone in the world use the same cloning process, or people will explode when they touch each other (which is a loose metaphor for what would happen if someone with an IPX stack tried to talk to someone with a TCP/IP stack).
I just find it incredibly amusing when luddites who want to forgo patent law preach using technology that never would have come about if patent law hadn't offered some protection of development time and costs. After all, what good are HTML, XML, TCP/IP and HTTP if you don't have chips to run them?
Trade Secrecy law is for processes, not inventions. Once something leaves your house, trade secrecy law won't offer a strong enough protection for it to be worthwhile for you to invent anything.
Finally, your comment that the time to reverse-engineer something would give sufficient lead time for an inventor to recoup R&D costs would only serve to stem the flow of progress that you think would be accellerated by forgoing patent law.
First, the billions spent on inventing and testing a new drug can't be recouped in the months it would take a competing pharmecutical company (computer company, biotech lab, etc) to bring an identical product to market.
Second, using Dolly as an example, in those cases where reverse-engineering is much more difficult, without the protection that patent law provides, the Dolly scientists would not have released their process to the public, which means that the 30 or so derivative works based on the technology could not have moved forward.
If company X creates something and patents it, companies A, B, and C can all start creating inventions that build on that new creation, pushing forward the advancement of humanity. If company X makes it a trade secret instead, company A may manage to reverse-engineer it, but certainly wouldn't share the process, once they finished reverse-engineering it, with companies B and C, because it still gives them a competitive advantage to keep their new found knowledge as a trade secret themselves. Company B can't reverse engineer it, because it's a small lab with limited funds, and company C might spend so much time reverse engineering, that out would be cheaper for them to simply purchase a license for use from company X.
Patent's aren't inherently bad things. Patents can be too broad, but that's another issue. TGrade secrecy law inhibits progress more than patent law, especially if companies are good at keeping their secrets. This is far worse.
Re:Who paid for research? (Score:1)
From the article:
"The patents, numbered GB 2318578 and GB 2331751, and are jointly owned by the Roslin Institute, the UK's Biotechnology and Biological Sciences Research Council (BBSRC) and the government through its Ministry of Agriculture, Fisheries and Food (MAFF).
"The patents and the various commercial tie-ups agreed by Roslin will see substantial amounts of cash flow into the publicly-funded Scottish research centre. "
no chance (Score:1)
yeah the only problem with it is why should
anybody anywhere else to something stupid like
this ?
Dangerous ground. (Score:5)
After all, this is not a machine or mechanism, but a procedure developed in the course of scientific research.
To what degree will this inhibit research into improvements on the method?
What if somebody patented a medical operation? "I'm sorry, Doctor, if you remove that tumor we'll have to sue you."
Bubblegum Crisis Reference? (Score:1)
Dolly Cloning Patent (Score:1)
Re:This one seeme reasonable (Score:2)
Cloning can't be patented! (Score:1)
--
Re:Well deserved. (Score:1)
I don't personally believe that, with todays level of technology advancement, any patent should be given for more than 10 years. But that's an entirely different issue.
-----------
"You can't shake the Devil's hand and say you're only kidding."
Re:Dolly Cloning Patent (Score:1)
Re:Who paid for research? (Score:2)
Clause leaves BIG loophole (Score:2)
Human Cloning is a moral and ethical argument, it should NOT be left up to lawyers to work out! Anytime we let the law dictate our moral code we tend to get ourselves in trouble (for example, prohibition, abortion, euthanasia, etc.)
Cloning patents not so clear cut ... (Score:1)
I work at Infigen in Wisconsin, USA. We were the first lab to clone a cow using nuclear transfer. We have several issued and pending patents on the nuclear transfer process. We also have the largest herd of cloned cattle in the world
The patent situation for cloning is as messy as with computer technology. The claims being allowed are extremely broad, and we all use the same technique for the most part. There are minor variations in growth media, activation protocols, etc.; and we all seem to be awarded patents based on those variations.
The approach to writing patents for cloning is the same as in other areas of biotech - make your claims as broad as possible and let the lawyers sort it out. I expect things to get nasty here in the near future
Re:Government Money was used for this (Score:2)
I agree with you, except it can be unreasonable to expect this to work. I mean, I won't say much about government, but academic institutions [ualberta.ca] can really use that revenue. Tuition costs only make up for a small percent of a university's income (speaking for Canadian Universities...). The rest comes from other sources, such as government funding (which is becoming less) and from spinoff businesses from university research and development.
If the university didn't try to turn up a profit, the university could not exist. Tuition from students is not nearly enough to cover the costs of operation.
Re:This one seeme reasonable (Score:1)
If this doesn't deserve a patent, then nothing does.
Re:What does this lead to? (Score:2)
Re:Hmmm (Score:2)
What do you call 1,000 dead lawyers? A good start!
Re:Okay... (Score:1)
Don't we already do that
What does this lead to? (Score:1)
Government Money was used for this (Score:2)
along with two government agencies that helped fund the research
The method is being patented so that those who funded the research can use it as a source of revenue. The UK Government is funded by the people of the United Kingdom (obviously).
They should use the patent for what benefits the people the most: release it to the scientific community in general (for any use). The UK Government is not a business. It should not be trying to turn a profit.
Isn't there some sort of unwritten rule that says academic and government institutions work for the benefit of the scientific community, not in an attempt to gather revenue? Apparently not, or it's being ignored. Oh well.
-V
Tomorrow's News (Score:3)
Researchers patent the scientific method!
We'll call them when we need more sheep (Score:4)
Scientists patent embryo splitting (Score:2)
It was pointed out that prior art existed, in the form of twins born naturally. Geoff Carpenter, the patent lawyer who represented the scientists, commented "Just because a technique which is exactly the same in almost every respect already exists does not mean that it is prior art." The lawyer went on to add "Besides, it's not likely that God will sue us. He's much too busy with the gene patenting crowd at the moment."
More as it develops.
[Disclaimer: The above was a work of fiction, a bit of humor. Please don't interpret it as flamebait -- the actual patent discussed in this topic seems to be pretty valid, as nothing like it exists or has existed.]
Re:Nature isn't all that efficient, actually (Score:1)
Well deserved?? So WHAT? I don't like it anyway. (Score:3)
First, he was "sitting on the back of the giants" - there was huge research in this field going for years. He didn't start with nothing: he definitely was the first one to get to the point of having a clone of a mammal not derived from embryo cells, but there are still some important issues. I wonder whether this patent is going to stop the scientific community from doing further research.
This patent is much more disturbing then the one from Amazon (after all, one click, two clicks, who cares, how much time you spend on reading the book you've bought with this marvellous technology?). It will hamper some of the most important research fields in modern medicine, like getting finally xenotransplants work.
If everyone patented every scientific discovery the way Wilmut did you wouldn't be reading slashdot now. And Wilmut wouldn't have had even the chance of starting his research. On the other hand - yes, I agree, the team at Roslin Institute is responsible for the breakthrough - namely, choosing the right cell cycle stage for nuclear transfer. Remember, he did not invent the nuclear transfer, which has been conducted for the first time in 1952.
Regards,
January
P.S. Two links for you:
The Cloning of Dolly [ndirect.co.uk], a nice and easy explanation what is this nuclear transfer all about and how cloning works, and
A brief history of nuclear transfer [bbsrc.ac.uk], a nice essay at the Roslin Institute.
Open source, patents and scientific community (Score:4)
Unfortunately, those of you who have no access to "Nature" cannot read the full article, but I put some exerts here [uni-heidelberg.de]. Actually, it was my today's slashdot submission (rejected, of course - I have never seen anything posted to slashdot referring to any good biological site). I thought the article is interesting, because it targets the whole scientific community (there is hardly a biologist out there not reading "Nature"), and is the first article in such a journal which mentions Linus Torvalds and Linux, therefore making these names known to a large number of scientists who never heard them before. In a certain way, it could bring Linux more publicity then an editorial in "Times".
Regards,
January
I Will Patent Sexual Intercourse Next..... (Score:1)
Amazon.com has proved that you can patent ANYTHING.
Re:What does this lead to? (Score:1)
The patent system was introduced as a kind of incentive for development and research. It ensures that if you spend a lot of time and effort developing something new, then you have the right to benefit from your work. In this, and most other , instances the money is fed back into more research, and the invention benefits people. If the user attempts to abuse the patent by pricing it too high, the economic market will reject it, and the incentive will induce other researchers to better the patent or provide an alternative technology.
All in all most scientific breakthroughs are already "patented like this" - it's not a new phenomonon - and it doesn't cause harm.
Patenting patents (Score:1)
Usefulness (Score:1)
UK Patents (Score:1)
More sheep (Score:1)
Re:This one is probably OK. (Score:1)
Re:What does this lead to? (Score:1)
That way he could sue anyone who used his method to clone any OS.
I think that this is a good patent (Score:3)
This is exactly what the patent process is supposed to do. Otherwise these researchers would keep their work secret and that would hold back other peoples work. People would have to reinvent the wheel everytime they wanted to do any research at all.
They are not abusing the patent process by trying to patent life or something obvious to anyone. They aren't broadly trying to patent the whole idea of cloning, only one method of doing so.
This is a _good_ thing.
Relevancy? (Score:1)
I mean, it's only a patent on one specific technique, as near as I can tell.
Impact to me? Umm....none that I can see, at least at this time.
On another note...
Gene therapy scares me. I still don't think we understand what we are really messing with. I'm not worried about any kind of moralistic issues regarding gene therapy and cloning, just the scientific ones. Nature has been at this for a long long time, and I suspect that it's figured out the best methods for handling the improvement of genes.
Just my opinion, mind you.
Sakhmet
"When I want to do something mindless to relax, I reinstall Windows 95."
Re:Nature isn't all that efficient, actually (Score:1)
I'm torn. We can map the genome, but can we ever really understand it? We can throw more instructions-per-second at it, and we can look at it from every angle, but will we ever understand the complex interaction of one segment of DNA with another?
No, I don't think a billion sperm to ferilize one egg is efficient, but it does ensure survival of the fittest (sperm, in any case).
Sakhmet
"When I want to do something mindless to relax, I reinstall Windows 95."
Re:UK Patents (Score:1)
The above information is a WAG (wild assed guess) but seems logical, however lawyers are involved so....
Nature isn't all that efficient, actually (Score:1)
Nature isn't all that efficient/good at finding optimal solutions, actually. The human body is riddled with what, if it was engineered rather than evolved, could only be called kludge. (Check out the way our eyes and gonads work, for example)
Evolution is a process of cumulative nudges (and sometimes giant leaps), and we all know what you wind up with when you just pour new work on top of old: legacy systems, in this case legacy genes. How much genetic garbage is in our DNA?
I agree that we don't yet know the full ramifications (hell, we don't even have the full genome mapped *yet*) of tinkering with parts of our genetic code, but I don't agree that "natural design" is at all efficient.
Anyone else think billions of sperm to fertilize *one* egg is innefficient?
Re:Nature isn't all that efficient, actually (Score:1)
Sure, *current* technology. 20 years from now, however? Who can say?
The thing that gets me is that many people seem to have reverance for the way nature does things, kind of like "this is the way it's always been done, therefore this is the best way."
That makes no sense on the face of it. If we just lived "naturally," we'd all be dead by about 40, 45 tops, crippled by minor injuries, etc.
As to how this is relevant to the issue of something as complex as genetic improvement, well, what is DNA except for a remarkably (by today's standards) code? What are genes but tricky, semi-tempermental ways to send that information?
Let me put this into quasi-programmer jargon:
Evolution/nature's methods of genetic improvement are about as efficient and effective as bubble sorting (and poorly done bubble sorting, at that).
Nature has design faults that would never be tolerated in a properly run project. Appendix?! WTF! Cross-linking and cell-replication errors? Cancers? Didn't anybody friggin beta-test this thing?
Anyway, to get off the rant... Sure, it does something pretty cool *now,* but if intelligent design were involved from the git-go, we'd be in a much better place.