Cincinnatus said:
And yet their product is essentially this organism. The current patent system is what makes biotech possible. The rewards for a single FDA-approved food or drug are so immense that it makes all the research before getting to that point worth the cost.
You imply here that a successful biotech industry is only achievable by granting patents on living organisms. I just don't regard that as being true, at all. Certainly that is the prevailing IP paradigm but it simply isn't fair and equitable if the company is not responsible for 99.99% of what they're trying to make money off of.
If you are saying that scientific research needs to be incentivized it's a fallacy to suggest that the only possible way to do that is by granting corporate entities government-enforced monopolistic control over something when the simple truth is they aren't responsible for the vast majority of the art they're being granted control of. ("Art" being the term from intellectual property law.)
Monsanto should not be able to sue farmers because pollen from genetically-engineered corn in a field adjacent to their farms blew onto their land.
There's also a term, I can't remember what it is now, for a phenomenon that has been going on recently: biotech companies track down some rare but valuable species of crop, say potatoes that are grown only in some remote part of the Andes, for example, and acquire a patent on that organism. The company is then able to profit off of licensing a crop they are in no way responsible for creating and on top of that none of the profits go to the descendants of the people who either did actually breed the species or were the generational custodians preserving it.
Cincinnatus said:
I'm curious what you think about synthetic biology. For example, it's already possible to mix and match "biological parts" and build your own brand new species of bacteria. If you were able to design an organism from scratch, do you think that would be patentable? Where would you draw the line between unpatentable minor modifications of existing organisms and major modifications (presumably) deserving a patent?
I just think that the entire concept of patents is wrong as an incentivization method for this. I definitely think that if someone synthesized a species of bacteria from scratch and it ended up getting free into the wild they should not be granted any sort of rights or control or ability to sue people or places where the bacteria ends up growing.
The current intellectual property law and practice in the U.S. and in the rest of the world where those laws have been "exported" to (check out the radical changes in IP law in Scandanavian countries in only the last decade, for example) are pretty much focused around giving corporate entities the ability to leverage profits and compensation out of the hands of the artists and inventors and researchers who actually create the IP, IMO. I think that putting the ability to patent living organisms into the hands of those sort of people was a bad, bad thing for both science and the public trust.
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