[ffii] SCIAM: gene patents objectionable due to informational nature

PILCH Hartmut phm at a2e.de
Thu Jun 20 09:33:34 CEST 2002

See articles and Slashdot thread cited below.

The articles show that

- gene patents are similar in structure to swpat, relating largely to
  information entities and showing some characteristic perversities
  of information-related patents
- the case in software is even more perverse because
  - computing logic tends to reach higher levels of abstraction than
    genetic logic
  - some of the limits that apply to gene patents (such as not being
    allowed to patent natural processes) do not apply to computing logic


"This Scientific American article, Legal Circumvention, describes a
technique for circumventing gene patents whereby living cells are coaxed
into expressing genes, especially those genes currently held under
patents. Although, would-be exploiters of genes are prevented by patent
restrictions from constructing a particular sequence and replicating it,
patent law cannot be enforced in instances where an existing cell or
organism is caused to express any of these patented genes and proteins."

Hartmut Pilch, FFII & Eurolinux Alliance              tel. +49-89-12789608
Protecting Innovation against Patent Inflation	     http://swpat.ffii.org/
120,000 signatures against software patents      http://www.noepatents.org/

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