Supreme Court to Consider Whether Patents on Genes Are Valid; Verdict post 30
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04-17-2013, 02:19 PM
Originally Posted by
In my response to Danja, I actually indicated as much.
Yeah, I don't think we're all that far apart, to be honest. As always, the devil will be in the implementation details. We had a case in Canada where a farmer got bent over backwards because Monsanto genes ended up in his field after "genetic material" was carried over by the wind from a neighbouring farm. That's ridiculous.
If you scan the human genome, and find that gene X produces something of interest, or that it's a marker for a disease (to be used in diagnostics)-- do you now have the right to own that gene, from a patent perspective?
I don't think it matters much. Even if you have that patent, without the ability to do something with that gene (in the sense we both suggested), it's not likely to do you much good.