Perhaps there needs to be a clearer distinction between discovery and invention, and that would solve the problem. Say for example if you discover a planet, you don't get to claim copyright (or patient, whatever) on images of the planet. Same would apply to genes presumably.Veylon said:This is patent law, not copyright law (though perhaps the Monsanto stuff qualifies). The results are not so much odd, as broken. Patents are meant to protect new processes and ideas so that the inventor doesn't get their ideas stolen. But what we've got are patents that are neither process nor idea. It would make sense to patent a particular therapy or use for a particular gene, but it's absurd that the gene itself can effectively be patented.Arakasi said:I think there is something fundamentally wrong with copyright law in the first place. The problem is that I can't quite put my finger on what it is, or how to fix it. But I do know it results in odd cases such as this.
That would also protect people who create new genome sequences which solve various problems.