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Zerotrust.Patentsr1.1 - 29 Jul 2005 - 06:57 - TWikiGuesttopic end

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patenting patents


It seems to be no accident that other patent offices are entering the same downward spiral, in Europe, Australia, Japan, and elsewhere. In the words of a Japanese business representative as quoted in Nature (408, 889. 21 December 2000), `this is an era for patenting everything and anything'. According to this Nature report, the business in question has even applied for a patent on patenting. More precisely, the business plan is to patent gene sequences and sell `shares in the sequences'; and they are applying for a `business method patent' on all such plans. The European Union's controversial Directive 98/44/EC of 6 July 1998, on the legal protection of biotechnological inventions, tries to keep everyone happy by stating that DNA sequences can't be patented yet can be patented. (No, that's not a misprint. See footnote below for the actual wording.) Mad, mad, mad.

Footnote: extract from Article 5 of European Union Directive 98/44/EC:

`1. The human body, at the various stages of its formation and development, and the simple discovery of one of its elements, including the sequence or partial sequence of a gene, cannot constitute patentable inventions'

`2. An element isolated from the human body or otherwise produced by means of a technical process, including the sequence or partial sequence of a gene, may constitute a patentable invention, even if the structure of that element is identical to that of a natural element' [my italics].

Patent Busting
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