Re:US Supreme Court to Hear Monsanto Seed Patent Case
by jrkelly on Monday February 18, 2013 @07:43PM
(#5241843)
However, if someone were to use the same process they used for gene insertion (which is more likely to be an invention than a gene they simply discovered), they may have grounds to sue.
If I had to pick Genentech protecting their drug via a patent on an E.coli bacteria containing human insulin gene vs. the method to move the gene I'd take the former for sure. The method was much more broadly useful.
The process for gene insertion for insulin was the Herbert/Boyer recombinant DNA patent that was widely licensed by Stanford: http://www.genome.duke.edu/centers/cpg/case-histories/semina...
If I had to pick Genentech protecting their drug via a patent on an E.coli bacteria containing human insulin gene vs. the method to move the gene I'd take the former for sure. The method was much more broadly useful.