Can you file a patent on a DNA sequence that already exists?

[shaggyballs]

I have been repeatedly told no.
But after watching this video it would seem big AG is doing just that.

The Seed War
https://vimeo.com/157023109

Aprox. 48 min 30 sec. in.

Any comments?

 

[troutman]

Any comments?

I say no. But Big Money will try anything to make a buck. To patent something it has to be
something new. If you DNA sequenced a plant and just sat on that information after making
it public knowledge. I don't think you can't patent it after a period of time has elapsed also.

 

[shaggyballs]

Patenting DNA sequences
A gene patent is the exclusive rights to a specific sequence of DNA (a gene) given by a government to the individual, organization, or corporation who claims to have first identified the gene.

 

[TychoMonolyth]

If there ever was an example of Eminent Domain, this is it. No. If Yes, easily defeated.

 

[mean mr.mustard]

I need to hurry up and patent my body's DNA it looks like.

That would suck if Monsanto showed up for their property and I had to leave in a cage.

 

[troutman]

If I could patent an Internet Troll I could sue a lot of people.

 

[shaggyballs]

On June 13, 2013, in the case of the Association for Molecular Pathology v. Myriad Genetics, Inc., the Supreme Court of the United States ruled that human genes cannot be patented in the U.S. because DNA is a "product of nature."

The Court decided that because nothing new is created when discovering a gene, there is no intellectual property to protect, so patents cannot be granted.

The Supreme Court's ruling did allow that DNA manipulated in a lab is eligible to be patented because DNA sequences altered by humans are not found in nature.

The Court specifically mentioned the ability to patent a type of DNA known as complementary DNA (cDNA).

This synthetic DNA is produced from the molecule that serves as the instructions for making proteins (called messenger RNA).

 

[Lyfespan]

does mailing seeds from crosses you made count for protecting data and genetics