RE: FC: Canada's high court says 5-4 that engineered mouse notpatentable (was Re: meeces)
> After nearly 18 years of appeals up through the courts, the Supreme Court > of Canada today decided, in a 5-4 split, that a higher life form is not > patentable because it is not a "manufacture" or "composition of matter" > within the meaning of "invention" in the Patent Act. Harvard had been > trying to claim patent protection on the process by which so-called > 'oncomice' are produced and the end product of the process. . . . > The court's finding can be summed thusly: regardless of whether the Court > thinks the oncomouse is deserving of patent protection, the language of the > Act does not permit it and the significant values implicated by such a > finding dissuades the Court from reading in that intent. It is up to > Parliament to situate the line between lower life forms (which are > patentable) and higher life forms, including humans, with regards to > patentability. And knowing Parliament, it will take them about ten years and three royal commissions before they can figure out what positition will offend the least number of people, then they'll rush it through the House as quickly as possible. :-) But is it moral to patent living life forms? Somehow, that concept just makes me uneasy. But on the other hand, companies and individuals will refuse to do the research necessary to save countless lives if they can't protect their (considerable) investments. It's a muddle... Kevin Street > - > POLITECH -- Declan McCullagh's politics and technology mailing list > You may redistribute this message freely if you include this notice. > To subscribe to Politech: http://www.politechbot.com/info/subscribe.html > This message is archived at http://www.politechbot.com/ > Declan McCullagh's photographs are at http://www.mccullagh.org/ > - > Like Politech? Make a donation here: http://www.politechbot.com/donate/ > Recent CNET News.com articles: http://news.search.com/search?q=declan > - ___ http://www.mccmedia.com/mailman/listinfo/brin-l
Re: meeces
--- Erik Reuter <[EMAIL PROTECTED]> wrote: > Nick Arnett wrote: http://www.cnn.com/2002/TECH/science/12/04/coolsc.coolsc.mousegenome/ > > > > > > When it comes to DNA, it turns out there's not > that much difference between mice and men. > > > Mice and humans each have about 30,000 genes, > yet only 300 are unique to > > > either organism. Both even have genes for a > tail, even though it's not "switched on" in humans. > > > > Uh, could it be? Now *that* would be a prank! > > I wouldn't mind having a *prehensile* tail. A > useless drooping one wouldn't be so useful, though. You and Harry Harms (?on that last name)... So far, that seems to be the only kind humans have had: Ann Plast Surg 1988 Apr;20(4):340ff. Detailing the human tail. Dubrow TJ, Wackym PA, Lesavoy MA. Division of Plastic Surgery, Harbor/UCLA Medical Center, Torrance. "...A new case is described, and its magnetic resonance imaging and pathological features are presented. A review of the literature and analysis of the pathological characteristics reveal that the vestigial human tail may be associated with other abnormalities. Vestigial tails contain adipose and connective tissue, blood vessels, and nerves and are covered by skin. Bone, cartilage, notochord, and spinal cord elements are lacking. Tails are easily removed surgically without residual effects. Since 29% (7 of 24) of the reported tails have been associated with other malformations, careful clinical evaluation of these patients is recommended." http://www.ncbi.nlm.nih.gov/entrez/query.fcgi?cmd=Retrieve&db=PubMed&list_uids=9806144&dopt=Abstract "The human tail is a congenital anomaly with a protruding lesion from the lumbosacrococcygeal region. A newborn with a tail-like structure over the coccygeal area observed since birth is presented. Lipoma accompanied by tethered spinal cord were found. In reviewing the literature from 1960 to 1997, 59 cases were described..." Yo-DI-umm, YOoo-Um Maru __ Do you Yahoo!? Yahoo! Mail Plus - Powerful. Affordable. Sign up now. http://mailplus.yahoo.com ___ http://www.mccmedia.com/mailman/listinfo/brin-l
Fwd: FC: Canada's high court says 5-4 that engineered mouse not patentable (was Re: meeces)
Date: Thu, 5 Dec 2002 17:27:03 -0500 To: Declan McCullagh <[EMAIL PROTECTED]> From: Jason Young <[EMAIL PROTECTED]> Subject: Harvard can't patent mice in Canada Declan, After nearly 18 years of appeals up through the courts, the Supreme Court of Canada today decided, in a 5-4 split, that a higher life form is not patentable because it is not a "manufacture" or "composition of matter" within the meaning of "invention" in the Patent Act. Harvard had been trying to claim patent protection on the process by which so-called 'oncomice' are produced and the end product of the process. The minority, in dissent, argued that the human modfication of every single cell in the body of an animal which does not in this altered form exist in nature is an inventive "composition of matter" within the meaning of the Patent Act. They also observed that the oncomouse had now been "patented in Austria, Belgium, Denmark, Finland, France, Germany, Greece, Ireland, Italy, Luxembourg, The Netherlands, Portugal, Spain, Sweden, the United Kingdom and the United States. A similar patent has been issued in Japan. New Zealand has issued a patent for a transgenic mouse that has been genetically modified to be susceptible to HIV infection. Indeed, we were not told of any country with a patent system comparable to Canada's (or otherwise) in which a patent on the oncomouse had been applied for and been refused." However, the majority argued that although "the Patent Act is designed to advance research and development and encourage broader economic activity, it simply does not follow from the objective of promoting ingenuity that all inventions must be patentable" and "the fact that the Patent Act in its current state is ill-equipped to deal appropriately with higher life forms as patentable subject matter is an indication that Parliament never intended the definition of invention to extend to this type of subject matter." The court's finding can be summed thusly: regardless of whether the Court thinks the oncomouse is deserving of patent protection, the language of the Act does not permit it and the significant values implicated by such a finding dissuades the Court from reading in that intent. It is up to Parliament to situate the line between lower life forms (which are patentable) and higher life forms, including humans, with regards to patentability. Here's the decision: Harvard College v. Canada 2002 SCC 76, paras. 169-170, online: LexUM http://www.shorl.com/gupukutyhabry. Story on CBC http://cbc.ca/stories/2002/12/05/scc_mouse021205 Best, Jason -- --- http://www.lexinformatica.org http://www.privaterra.org http://www.epic.org PGP KeyID 0x46E11518 - POLITECH -- Declan McCullagh's politics and technology mailing list You may redistribute this message freely if you include this notice. To subscribe to Politech: http://www.politechbot.com/info/subscribe.html This message is archived at http://www.politechbot.com/ Declan McCullagh's photographs are at http://www.mccullagh.org/ - Like Politech? Make a donation here: http://www.politechbot.com/donate/ Recent CNET News.com articles: http://news.search.com/search?q=declan - --Ronn! :) I always knew that I would see the first man on the Moon. I never dreamed that I would see the last. --Dr. Jerry Pournelle ___ http://www.mccmedia.com/mailman/listinfo/brin-l
Tails as the newest 'fashion fad'?, Re: meeces
Erik Reuter wrote: > I wouldn't mind having a *prehensile* tail. A useless drooping one > wouldn't be so useful, though. It could be the newest fashion statement however. Comparing ta ... oops ... ah well. Let's not go there. Sonja ___ http://www.mccmedia.com/mailman/listinfo/brin-l
Re: meeces
- Original Message - From: "Reggie Bautista" <[EMAIL PROTECTED]> To: <[EMAIL PROTECTED]> Sent: Thursday, December 05, 2002 9:58 AM Subject: RE: meeces > In talking about humans with prehensile tails, Marvin wrote: > > >To hell with fashion. Porn! > > Kinda brings a whole new meaning to "getting some tail..." > I'm amazed at how influential Marvin is. Rick Perry has already introduced legislation to the Texas 'ledge outlawing anything to do with consenting adults and tails. Dan M. ___ http://www.mccmedia.com/mailman/listinfo/brin-l
RE: meeces
In talking about humans with prehensile tails, Marvin wrote: To hell with fashion. Porn! Kinda brings a whole new meaning to "getting some tail..." Reggie Bautista Ducking very quickly Maru _ Help STOP SPAM with the new MSN 8 and get 2 months FREE* http://join.msn.com/?page=features/junkmail ___ http://www.mccmedia.com/mailman/listinfo/brin-l
Re: meeces
At 08:58 PM 12/4/02 -0500, Erik Reuter wrote: On Wed, Dec 04, 2002 at 05:53:53PM -0800, Nick Arnett wrote: > > -Original Message- > > From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED]]On > > Behalf Of The Fool > > ... > > > http://www.cnn.com/2002/TECH/science/12/04/coolsc.coolsc.mousegenome/ > > > > When it comes to DNA, it turns out there's not that much difference > > between mice and men. > > Mice and humans each have about 30,000 genes, yet only 300 are unique to > > either organism. Both even have genes for a tail, even though it's not > > "switched on" in humans. > > Uh, could it be? Now *that* would be a prank! I wouldn't mind having a *prehensile* tail. A useless drooping one wouldn't be so useful, though. How about a tail like that of a cat, useful for (1) balancing oneself while jumping or changing direction quickly and (2) nonverbal expression of emotional states? Would Have To Redesign Chairs Though Maru --Ronn! :) I always knew that I would see the first man on the Moon. I never dreamed that I would see the last. --Dr. Jerry Pournelle ___ http://www.mccmedia.com/mailman/listinfo/brin-l
RE: meeces
Or the way things have been going lately, it'll be subpoenas envy. (A joke recycled from the '60s.) Nick -- Nick Arnett Phone/fax: (408) 904-7198 [EMAIL PROTECTED] > -Original Message- > From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED]]On > Behalf Of Jon Gabriel > Sent: Wednesday, December 04, 2002 7:52 PM > To: [EMAIL PROTECTED] > Subject: RE: meeces > > > And the result? > Tail Envy! > > Jon > GSV ___ http://www.mccmedia.com/mailman/listinfo/brin-l
RE: meeces
And the result? Tail Envy! Jon GSV VFP *shudder* -Original Message- From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED]] On Behalf Of Marvin Long, Jr. Sent: Wednesday, December 04, 2002 10:22 PM To: [EMAIL PROTECTED] Subject: Re: meeces On Thu, 5 Dec 2002, Russell Chapman wrote: > Imagine the boost to the fashion industry... A whole new world of > possibilities... To hell with fashion. Porn! Marvin Long Austin, Texas Bush, Cheney, Rumsfeld, & Ashcroft, LLP (Formerly the USA) ___ http://www.mccmedia.com/mailman/listinfo/brin-l ___ http://www.mccmedia.com/mailman/listinfo/brin-l
Re: meeces
On Thu, 5 Dec 2002, Russell Chapman wrote: > Imagine the boost to the fashion industry... A whole new world of > possibilities... To hell with fashion. Porn! Marvin Long Austin, Texas Bush, Cheney, Rumsfeld, & Ashcroft, LLP (Formerly the USA) ___ http://www.mccmedia.com/mailman/listinfo/brin-l
Re: meeces
Erik Reuter wrote: I wouldn't mind having a *prehensile* tail. A useless drooping one wouldn't be so useful, though. Imagine the boost to the fashion industry... A whole new world of possibilities... Cheers Russell C. ___ http://www.mccmedia.com/mailman/listinfo/brin-l
RE: meeces
The Fool wrote: http://www.cnn.com/2002/TECH/science/12/04/coolsc.coolsc.mousegenome/ > > When it comes to DNA, it turns out there's not that much difference > between mice and men. > Mice and humans each have about 30,000 genes, yet only 300 are unique to > either organism. Both even have genes for a tail, even though it's not > "switched on" in humans. Nick replied: Uh, could it be? Now *that* would be a prank! I seem to remember reading something back in the early 1990's about the genome of an amoeba being something like 80% genetically similar to human DNA. Does anyone else remember this? Dan, can you find a link ;-)? Reggie Bautista It's all in what genes are "switched on" Maru _ MSN 8 helps eliminate e-mail viruses. Get 2 months FREE*. http://join.msn.com/?page=features/virus ___ http://www.mccmedia.com/mailman/listinfo/brin-l
Re: meeces
On Wed, Dec 04, 2002 at 05:53:53PM -0800, Nick Arnett wrote: > > -Original Message- > > From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED]]On > > Behalf Of The Fool > > ... > > > http://www.cnn.com/2002/TECH/science/12/04/coolsc.coolsc.mousegenome/ > > > > When it comes to DNA, it turns out there's not that much difference > > between mice and men. > > Mice and humans each have about 30,000 genes, yet only 300 are unique to > > either organism. Both even have genes for a tail, even though it's not > > "switched on" in humans. > > Uh, could it be? Now *that* would be a prank! I wouldn't mind having a *prehensile* tail. A useless drooping one wouldn't be so useful, though. -- "Erik Reuter" <[EMAIL PROTECTED]> http://www.erikreuter.net/ ___ http://www.mccmedia.com/mailman/listinfo/brin-l
RE: meeces
> -Original Message- > From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED]]On > Behalf Of The Fool ... > http://www.cnn.com/2002/TECH/science/12/04/coolsc.coolsc.mousegenome/ > > When it comes to DNA, it turns out there's not that much difference > between mice and men. > Mice and humans each have about 30,000 genes, yet only 300 are unique to > either organism. Both even have genes for a tail, even though it's not > "switched on" in humans. Uh, could it be? Now *that* would be a prank! Nick ___ http://www.mccmedia.com/mailman/listinfo/brin-l
meeces
http://www.cnn.com/2002/TECH/science/12/04/coolsc.coolsc.mousegenome/ When it comes to DNA, it turns out there's not that much difference between mice and men. Mice and humans each have about 30,000 genes, yet only 300 are unique to either organism. Both even have genes for a tail, even though it's not "switched on" in humans. "About 99 percent of genes in humans have counterparts in the mouse," said Eric Lander, Director of the Whitehead Institute Center for Genomic Research in Cambridge, Massachusetts. "Eighty percent have identical, one-to-one counterparts." ___ http://www.mccmedia.com/mailman/listinfo/brin-l