
Detractors feel this will make Craig Venter the Bill Gates of biology.
Funny how Bill Gates has become an object instead of a person. But that's an entirely different blog post.
Eventually someone will patent synthetic life forms. The possibility of someone doing so has been discussed in literature (both fiction and non-fiction) for a very long time. Dr. Frankenstein didn't attempt to patent his creature. Not sure why. Patents had been around in Europe for about 350 years prior to Shelly writing the novel. Some of NextStage's Evolution Technology is based on the concept of bio-ginots, synthetic humans who (for now) live only in the electronic circuitry and storage media of computer systems and whose sole function is to very quickly and very briefly behave like real-live humans...
Or should I have written "soul" function?
... something I originally conjectured in 1987 and I'm told our patent is coming along.
I've also learned (from spending time with IP attorneys to craft NextStage's patents) just how far reaching a patent can be. Let us say that Dr. Venter is able to create synthetic life and patent it. I wonder if such a patent means that, down the road a ways, some Dr. Frankenstein can create a human life form and patent it, thereby owning all rights to that human-like synthetic life.
Probably the same types of concerns around cloning. I don't know for sure, only that I suspect an overlap is there.
Any IP attorneys out there care to let me know? I'm curious.
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A few thoughts. First, synthetic plant life is already the subject of many patents, protecting the various manipulations of plant life, not the discovery of new plant life. Arguably, these are the first patented synthetic life forms.
Somewhere along the lines, various inventors invented the first devices that operated on electricity. Any of those individuals that recognized then how profoundly life would be transformed by electronics would have been worried that these first inventors would have patented and owned all electronic devices. But patents expire and time spent worrying is time wasted.
Karl Benz invented a combustion engine in 1879, the first gasoline powered automobile in 1886, and a few other automotive wonders in the late 1800s, but how many years passed between the invention of that automobile and commercial acceptance? Under current US law, he'd have owned the first two patents until somewhere around 1898 and 1905, well before the automobile became commercially accepted.
The prospect of the first person to patent synthetic human life and owning patent rights that are extremely broad and scope sounds powerful, and maybe it is, but the power is fleeting. Medical device patents, specifically those that are invasive, are worthless if you haven't received FDA approval half way through the life of the patent. How many years will pass between the filing of a patent on synthetic human life and government approval of sale of the same? Then commercial acceptance of the same? Part of the financial risk of leading a new industry is that commercial acceptance is slow. That first patenter of synthetic life may be a trailblazer, but he/she is unlikely to reap significant monetary reward for that patent.
Posted by: Tex | February 20, 2008 3:31 PM | Permalink to Comment