"Where there is no vision, the people perish: but he that keepeth the law, happy is he."
-- Proverbs 29:18, King James Bible (KJV)

Saturday, May 16, 2015

Patent Law Absurdity Continues with Gene viz. Genome Editing Patents for CRISPRs (Clustered Regularly Interspaced Short Palindromic Repeats)

Genome editing patents are one of the negative fallouts of
  • unclear judicial decision-making by the United States Supreme Court, and
  • weak law-making in U.S. Congress regarding intellectual property law

    and both of those regrettable situations have led to the
  • continued issuance of what we regard to be absurd patents by the USPTO.
As written at the Wikipedia piece on CRISPR:
"Since 2013, the CRISPR/Cas system has been used for gene editing (adding, disrupting or changing the sequence of specific genes) and gene regulation .... By delivering the Cas9 protein and appropriate guide RNAs into a cell, the organism's genome can be cut at any desired location."
As written by Antonio Regalado at MIT Technology Review in Who Owns the Biggest Biotech Discovery of the Century?
"There’s a bitter fight over the patents for CRISPR, a breakthrough new form of DNA editing [which] turn[s] that natural machinery into a “programmable” editing tool, to cut any DNA strand, at least in a test tube." [emphasis added by LawPundit]
Once again, the patent-happy USPTO is handing out patents left and right for technology that is based on laws of nature

-- as written above by Regalado in the MIT Technology Review

-- on "natural machinery" of the genes.

As written at the Wikipedia:
"CRISPR was first shown to work as a genome engineering/editing tool in human cell culture by 2012. It has since been used in a wide range of organisms including baker's yeast (S. cerevisiae), zebra fish (D. rerio), flies (D. melanogaster), nematodes (C. elegans), plants, mice, and several other organisms.
Additionally CRISPR has been modified to make programmable transcription factors that allow scientists to target and activate or silence specific genes.
Libraries of tens of thousands of guide RNAs are now available."
In other words, CRISPRs exist in nature and have not been "invented" by any human being, even though human beings may have discovered that CRISPRs exist in nature and can be used for practical applications such as gene editing. This does not make their use for cutting genes patentable by any means.

We simply do not understand how the patent happy people at the USPTO, as well as the clueless in the legislatures and in the judiciary seem not to understand that patent protection was not created to grant people vast monopolies on the natural machinery of nature!!!!! regardless of how discovered and no matter how that natural machinery is used!!!!!

Nature is nature!

Come up with something else NEW, and then you can get a patent.

Finding out how "nature" works and how it can be used can be a great discovery, as in the case of CRISPRs for gene editing, but the "cutting" work is done by nature, not by the inventor!!! NOT PATENTABLE SUBJECT MATTER!!!!

Most Popular Posts of All Time

Sky Earth Native America

Sky Earth Native America 1 :
American Indian Rock Art Petroglyphs Pictographs
Cave Paintings Earthworks & Mounds as Land Survey & Astronomy
Volume 1, Edition 2, 266 pages, by Andis Kaulins.

  • Sky Earth Native America 2 :
    American Indian Rock Art Petroglyphs Pictographs
    Cave Paintings Earthworks & Mounds as Land Survey & Astronomy
    Volume 2, Edition 2, 262 pages, by Andis Kaulins.

  • Both volumes have the same cover except for the labels "Volume 1" viz. "Volume 2".
    The image on the cover was created using public domain space photos of Earth from NASA.


    Both book volumes contain the following basic book description:
    "Alice Cunningham Fletcher observed in her 1902 publication in the American Anthropologist
    that there is ample evidence that some ancient cultures in Native America, e.g. the Pawnee in Nebraska,
    geographically located their villages according to patterns seen in stars of the heavens.
    See Alice C. Fletcher, Star Cult Among the Pawnee--A Preliminary Report,
    American Anthropologist, 4, 730-736, 1902.
    Ralph N. Buckstaff wrote:
    "These Indians recognized the constellations as we do, also the important stars,
    drawing them according to their magnitude.
    The groups were placed with a great deal of thought and care and show long study.
    ... They were keen observers....
    The Pawnee Indians must have had a knowledge of astronomy comparable to that of the early white men."
    See Ralph N. Buckstaff, Stars and Constellations of a Pawnee Sky Map,
    American Anthropologist, Vol. 29, Nr. 2, April-June 1927, pp. 279-285, 1927.
    In our book, we take these observations one level further
    and show that megalithic sites and petroglyphic rock carving and pictographic rock art in Native America,
    together with mounds and earthworks, were made to represent territorial geographic landmarks
    placed according to the stars of the sky using the ready map of the starry sky
    in the hermetic tradition, "as above, so below".
    That mirror image of the heavens on terrestrial land is the "Sky Earth" of Native America,
    whose "rock stars" are the real stars of the heavens, "immortalized" by rock art petroglyphs, pictographs,
    cave paintings, earthworks and mounds of various kinds (stone, earth, shells) on our Earth.
    These landmarks were placed systematically
    in North America, Central America (Meso-America) and South America
    and can to a large degree be reconstructed as the Sky Earth of Native America."

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