On Jun 23, 2009, at 7:04 PM, Peter Ansell wrote:

Interestingly, there is a large economy involved with patenting gene sequences. Aren't they facts also? Why is patenting different to copyright in this respect?


It isn't. I don't know of any gene sequence patent that was just that and withstood being challenged in court.

The gene sequence patents that I'm aware of and are active aren't for the sequence, but for an application of the sequence, such as as a diagnostic of a certain disease, or a drug target for a certain indication, or a biological therapeutic. Those kinds of discoveries aren't typically facts of nature, and hence eligible for intellectual property.

        -hilmar
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: Hilmar Lapp  -:-  Durham, NC  -:-  hlapp at gmx dot net :
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