Phylos Bioscience sparks outrage after announcing their beginning their own breeding

[GMT]

Hey Sam,
I'm fairly sure GW got more than mere breeders rights to their production Clone a few years back.
All sorts of genes have been patented by pharma companies in the past.
I'm not so concerned some botanist may allow the first to try, to patent indica and sativa cannabis, because they look different. I'm curious as to how much leeway a protected work has in terms of genetic drift, family lines etc. If any.

Reason I ask is that, if the genetic code, isn't being entirely recorded, it isn't entirely protected unless there is a very large gene pool allocation that comes with each protection.

I know the levels of protection vary, depending on the vehicle chosen/available, but just wondering how they go about drawing up the parameters of what is being protected.

 

[Sam_Skunkman]

x

 

[frostqueen]

Statements from Dale Hunt Phylos Attorney Resigns last Friday

I wonder if ol' Dale just got replaced with a newly-hired patent lawyer...?

 

[GMT]

GW got an IP patent on their DNA sequencing of it in UK. There was a thread on it at the time, thought you were in it. But that only covets that clone, not her sister or daughter.

So how can anyone own anyone else's work, from their DNA test results if rights to lines are determined on looks? And realistically, can 1000 strains look sufficiently different to qualify anyway?
This isn't a case of the bigger kid stole my ball, this is all a case of, now the bigger kid can have a ball like mine. One day. If he will pay to recreate it.
Not many balls worth that much as they are really.

 

[PDX Dopesmoker]

Sam is a real person. He was the epicenter of the most important breeding project in cannabis history to date…

Manure, you and him are both midgets standing on the shoulders of giants. Can you imagine someone has a little bit of success and it lets their head swell like that? Oh well, I guess it happens to everyone.

Samuel Skunkman invented Marijuana® in his mom's garage in 1964 while working on a high school science project. The Beatles and Elvis showed up at the awards ceremony to officially kick off The Swinging Sixties!

 

[Sam_Skunkman]

x

 

[Sam_Skunkman]

x

 

[Frylock]

So, a patent of a certain plant covers anything that LOOKS the same??

 

[herbgreen]

Kevin McKernan, chief science officer and co-founder of cannabis genomics research company, Medicinal Genomics...

“You can’t resurrect your plants from the DNA, of course you can’t, but you can amplify any gene you want out of that DNA, and you can sequence that genome and you will have a tremendous amount of intelligence about people’s plants. You can amplify genes of interest from one genome and put them in another genome; that’s not hard.

The question of how much data Phylos has made public versus what they may have retained for themselves, McKernan was circumspect. “We don’t know what they have internally,” he said, “but what they’ve made public is heavily compromised. I wouldn’t consider it a certification. The methods are unclear and are not peer reviewed. When you poke them about what their methods are, they lie and mention that they are using the same methods used in the Human Genome Project, and I can assure you and go on record that that is a straight up lie.

“You can tell they didn’t use those methods by the data they put it in NCBI (National Center for Biotechnology Information),” he added. “It’s a different sequencing platform, and it’s even listed at NCBI as using the sequencing platform that didn’t even exist before the Human Genome Project was around.

“What they put public is, I think, dust,” he continued. “Here’s the dust of the project, put public to satisfy people that you did something publicly, and they put it public very late. That’s one of the other issues. They didn’t put out public information daily; they harvested it for two years. All right, so the data that is public covers one to 2,000 SNPs. They’re on record to investors saying they have a 50,000 SNP chip array. So, you put 2,000 public. Where are the other 48,000?

“They are clearly using customers samples to at the very least pick out what should be sequenced,” he concluded.

Indeed, McKernan’s effort to correct what he sees as a seriously corrosive situation with legs has inspired him to engage in an escalating course of action.

The basic claim by Holmes that “we are not using the data from your plants to help us breed” is easily refuted. “He said the opposite in his investor presentation,” noted McKernan, “and we have slides Alicia Holloway presented at the ACE conference a few weeks ago that clearly demonstrate that they are using the Galaxy data to do whole genome sequencing work.”

The inaccuracies do not stop there, he added. “For instance, they mentioned they have an exclusive with Illumina for their array, but I know the Illumina people well,” he said. “They almost bought our company. I called them and said, ‘This sounds out of character. You guys have never done an exclusive before. What happened?’ And they said, ‘We still haven’t had an exclusive. Send us the presentation and we’re going to send it to legal. We’re going to make sure he’s not misrepresenting exclusive activity here.’

“The second thing they put in their document is that they’re working with Google Brain,” continued McKernan. “I happen to also know the guys at Google Brain. I called them up and asked if they were doing anything with cannabis with these guys, and they emphatically said, ‘We are not doing anything with Phylos, and we don’t want anything to do with cannabis. Please send me the videos and documents and I’m going to send them to legal.

“So, both Google and Illumina are saying they have no relationship with this guy while he’s claiming he has one to attract investors.”


futurecannabisproject.org
Phylos Affair


.

 

[Sam_Skunkman]

x

 

[Frylock]

These are not patents, reread the thread. They are Plant Breeders Rghts under UPOV.
-SamS

Still a little grey or simple methinks.... that 'looks' the same as my work so it is essentially mine?

Maybe not, if each leaf is unique to that one plant like a snowflake or fingerprint, i guess.... even though you can't tell them apart from an eyeball check.

 

[PDX Dopesmoker]

I was not in High school in 1964, you made a slight mistake. Oh well, I guess it happens to everyone....
Also you forgot Jesus who was also there....

-SamS

If I'm reading between the lines here correctly, what you're trying to tell me is that you never even shook hands with P. T. Barnum or Charlie Chan. My grandfather was friends with a guy who accomplished that very feat, so there.

 

[Sam_Skunkman]

x

 

[Sam_Skunkman]

x

 

[Weird]

none of the rationales make competitive advantage gained without disclosed intent fair or without detriment

 

[GMT]

In practice of course, to most people, plant breeders rights equals rights to the plant, which is what they really mean by patent, and realistically is a sub set of patent laws applied to plants. Once the precise relationship to a specific gene and trait is found, then that is new knowledge and is protect able as an I.P. that then applies whatever line it is found in. Once a use for it becomes clear, then that is a standard new invention patent. But they are all mechanisms to restrict other peoples rights.

I suspect saying sheep can be cloned from DNA but plants can't is untrue. But frankenplants are easy according to Kevin above.

 

[zif]

I suspect saying sheep can be cloned from DNA but plants can't is untrue. But frankenplants are easy according to Kevin above.

Yep - totally untrue. Animals cannot be cloned from DNA. They can’t, with very limited exceptions, be cloned at all. That’s why Dolly and her siblings were big news - it’s nothing to do with DNA manipulation.

Plants, with few exceptions, can be cloned. But they still can’t be made from extracted DNA, much less with digitized DNA data.

With CRISPR and other DNA editing tools, frankengenomes of everything living are no longer impossible. But what edits do you make, and where, to what end? That’s the hard part, and nothing Phylos, or Medicinal Genomics, or anyone else has done makes it easy. Or less than almost impossibly hard.

 

[shaggyballs]

you could cover the bases and show the differences......

Not a chance of that happening?
He is not here to help the community.
What were you thinking?
Dancing around the important questions, cherry picking the easy questions.

What is going on here is self evident!
To those with their eyes open anyway.

Sam is a real person. He was the epicenter of the most important breeding project in cannabis history to date.
What breeding project would that be?
If he were to transfer his knowledge to 99/100 people here, collective brains would literally explode.
This sound a lot like you can't handle the truth to me.
Let's not get caught up in the minutia. If questions can't be framed with enough explicit detail to demonstrate even a passing understanding of the issues at play, it's important to self-regulate your questions. No sense in wasting people's time.

Don't ask questions is what I hear!
That is the same BS that was being spouted during the phylos scam!
Knowledge is power, you suggest give up power in order not to bother someone?

Horse hockey!

Sam: I have no personal connection to RC Clarke. I appreciate his published work very much. As I understand it, he is still on the Phylos board. Are you aware of any plan that will publicly distance himself from the company? I'm asking this publicly purposefully, not out of ignorance.

Are you telling me he never asked him?
That would be the first question I had for my buddy.
A simple 2 second question would answer this, right?
Hey rob are you sticking with phylos despite all the comotion?
Rob is sams life long business partner but he has no clue what he is up to??
I personally know what most of my friends are up to today, how about you?
Not very believable if you ask me!

Will we ever see the tough questions answered?
like this one here.
Hey Sam,
I'm fairly sure GW got more than mere breeders rights to their production Clone a few years back.
All sorts of genes have been patented by pharma companies in the past.

 

[shaggyballs]

Cannbis Plant patents are also available.
Plant patents “may be granted to anyone who invents or discovers and asexually reproduces any distinct and new variety of plant.
”3 The USPTO defines “asexually propagated plants” as “those that are reproduced by means other than from seeds, such as by the rooting of cuttings, by layering, budding, grafting, inarching, etc."

Plant patents are limited to a single claim directed to a particular strain of the plant but these patents can be instrumental to protect the “crown jewels” of a cannabis company.

Eric Furman, PhD, is a partner at Knobbe Martens. He can be reached at [email protected]. Ari Feinstein is an associate at Knobbe Martens. He can be reached at [email protected].

http://www.pharmexec.com/patent-protection-cannabis

 

[Drewsif]

I'm glad Phylos is putting the stupid strain names to rest, simultaneously proving they are the prior artists. Berry, OG, Hemp, landrace, Skunk, Cbd. A nice and simple domestic lineup.

Thousands of strains? No. Thousands of royalty-bound derivatives from newly 'legitimized' sources.