1. PATENTING:
GENE AND DNA SEQUENCE PATENTING,
PATENTING TRANSGENIC
By,
Pillai Aswathy viswanath
PG 2 Botany
St. Thomas college
kozhencherry
2. PATENT
A patent is an exclusive right granted by a
country to the owner of an invention to
make, use ,manufacture and market the
invention
This right implies that no one else can
make, use, manufacture and market that
invention with out the consent of the
patent holder
Patents represent a contract between an
inventor and society.
Patents are a form of intellectual property
3. WHAT IS INTELLECTUAL PROPERTY?
Intellectual property refers to creations of the
mind
Intellectual property is divided into two
categories:
Industrial Property:
includes patents for inventions,
trademarks, industrial designs and geographical
indications.
Copyright :
covers literary works (such as novels,
poems and plays), films, music, artistic works
(e.g., drawings, paintings, photographs and
sculptures)etc..
4. Intellectual property (IP) is a
legal term
Intellectual property rights
are the rights given to persons
over the creations of their
minds.
They usually give the creator
an exclusive right over the use
of his/her creation for a
certain period of time.
5. Granting Patents
A granted patent application must include
one or more claims that define the
invention.
A patent may include many claims, each
of which defines a specific property
right.
These claims must meet
relevant patentability requirements, such
as novelty, usefulness, and non
obviousness.
6. The exclusive right granted
to a patentee in most
countries is the right to
prevent others, or at least
to try to prevent others,
from commercially making,
using, selling, importing, or
distributing a patented
invention without
permission.
7. WHAT CAN BE PATENTED?
Today, patents have been granted for a
range of different biotechnological
processes and products,
include:
Therapeutically active proteins
Monoclonal antibodies
Microorganism
Transgenic organisms
8. Genetically altered microbes such as
bacteria ,
fungi,
algae,
viruses
enzyme
nucleotide sequences derived or
isolated from the human body
9. GENE AND DNA SEQUENCE
PATENTING
Genes are defined as a region of DNA.
A gene is a unit of heredity that is
transferred from a parent to offspring
and is held to determine some
characteristic of the offspring.
Human beings share mostly the same
genes.
In the case of gene patents: Firstly,
genes are naturally occurring,
We can't patent snow, eagles, or gravity,
and we shouldn't be able to patent genes
10. And while much intellectual effort may
have gone into discovering them within
the DNA sequence
Yet by now one-fifth of the genes in
our body are privately owned.
if the genes are isolated or otherwise
produced by means of technical process,
they can be patented
Human DNA and nucleotide sequence
may be patented when they satisfy the
basic criteria of patentability
11. They have to be novel , inventive and
industrially applicable
Novelty: A gene in a body can not be
patented
Patentability of human genes is
thus,limitted to artificial structure
outside the human body containing the
information about the human genome
12. Inventive step
Industrial applicability:eg; therapeutic use
The earliest genetic patents were issued in
1982, following the U.S. Supreme Court
case of Diamond vs. Chakrabarty, which
opened the door to patenting biotechnology
discoveries.
submitted an application to the US Patent
Office in 1972 for a new strain of the
bacterium, Pseudomonas. The novel bacteria
were intended to clean up oil spills in water
by degrading the crude oil,
13. For example, Canavan disease is an
inherited disorder that affects children
starting at 3 months; they cannot crawl
or walk, become paralyzed and die by
adolescence.
Formerly there was no test to tell
parents if they were at risk. Families
enduring the heartbreak of caring for
these children engaged a researcher to
identify the gene, and produce a test.
14. Canavan families around the world
donated tissues
When the gene (Mutations in
the ASPA gene cause Canavan disease)was
identified in 1993, the families got the
commitment of a New York hospital to
offer a free test to anyone who wanted
it.
15. But the researcher's employer, Miami
Children's Hospital Research Institute,
patented the gene
The parents did not believe genes
should be patented and so did not put
their names on the patent.
16. PATENTABILITY OF TRANSGENIC
ORGANISM
The organism whose genetic make up
is manipulated using recombinant
DNA technique , is called genetically
modified organism or transgenic
organism
In several countries including
USA,Japan , Europe etc transgenic
organism can be protected through
patent
17. Animals and plants have been modified
through breeding programmes for many
centuries
Transgenic animals or plants can now
breed with specific genetic
characteristics ,these helps in the
following way:-
18. 1. To investigate new medicine
2. Can produced therapeutic proteins
3. Other techniques of genetic engineering
of an animal make possible tests of
promising new cancer treatments
4. Improve the food supply as well as
quality of plants
5. Disease or insect resistance plants
19. Both transgenic animals and plants are
patentable for their production
characteristic
Patenting of transgenic animals and
plants is justified to prevent copying
It is not possible to patent life
The patenting of transgenic animals has
been safeguarded from the ethical point
of view also
Before any animal experimentation can
be undertaken, licenses are required
20. Example:
Genetic engineer Ananda Mohan
Chakrabarty, working for General
Electric, had developed a bacterium
(derived from thePseudomonas genus and
now known as Pseudomonas putida)
21. capable of breaking down crude oil,
which he proposed to use in treating oil
spills.
General Electric filed a patent
application for the bacterium in the
United States listing Chakrabarty as
the inventor,
22. The OncoMouse or Harvard mouse is
a type of laboratory mouse that has
been genetically modified using
modifications designed by Philip
Leder and Timothy A Stewart of
Harvard University to carry a
specific gene called an
activated oncogene.
23. The activated oncogene significantly
increases the mouse’s susceptibility
to cancer, and thus makes the mouse
suitable for cancer research
Glofish, The First Genetically Modified
Animal To Be Sold As A Pet
24. ETHICS
The patenting of genes is a controversial
issue in terms of bioethics
First, some believe it is unethical to
patent genetic material because it treats
life as a commodity.
Second, some say that living materials
occur naturally, and therefore cannot be
patented.
25. While some feel that a patent on living
material is unethical, others believe that not
allowing patents on biotechnological inventions
would also be unethical.
Another area of controversy in genetic
patenting is how gene samples are obtained.
The question of benefit sharing also arises
when obtaining genetic samples, specifically
the potential responsibility of the collector
to share any benefits or profits of the
discoveries with the population or person
from whom the sample came.
26. Since the evolution of patent legislation,
there has been a greater input on the
role of ethics in the patenting process
In europe an invention is excluded from
being patented if its publication or
exploitation would generally be
considered immoral or other wise
contrary to public order
27. More specifically patent legislation
prohibits protection for invention in the
following fields:-
1. Processes for the reproductive cloning
of human beings
2. Processes for modifying the germ line
genetic identity of human beings
3. Use of human embryos for industrial or
commercial purpose
28. Patents Have Been Granted by india for
different Products
A process for the preparation of an herbal
therapeutic product extracted form the
pulp of a species Eugenia jambolana in
2002
A process for isolation of oligosaccharides
having immuno-stimulating activity from
donkey’s milk in 1998
A process for the preparation of a
composition used for the detection of
latent finger prints in 1996
29. A herbal antidiabetic drug in 1999
Genetically engineered clone of hepatitis
E virus (HEV) gnome which is infectious,
its production and uses in 2000
Artificial Heart Valve in 2002
A process for the preparation of an
extract of Annona squamosa of the
treatment of diabetes in 2003
Earth quake alarm in 2001
30. Reference
Sobti R.C , Suparna pachauri,Essentials
of biotechnology,(2009) published by Ane
books pvt Ltd
Erics Grace,biotechnology unzipped,
(1997) ,published by universities press pvt
Ltd hyderabad
From Wikipedia, the free encyclopedia
Kumar H.D,Modern concepts of
biotechnology,(1998),vikas publishing
house pvt
MichaelCrichton.com | Patenting Life
http://www.genome.gov/19016590
http://www.bioethicsinternational.org
