I have deciphered the full-length cDNA of a plant-specific gene by a novel strategy, not reported before. The full-length cDNA is also novel as it hasn't been reported before in literature. I would like to discuss, whether patents are applicable for the novel strategy or novel genes elucidated. If so, please how do we do it.
Dear Bharat:
1. the situation depends on the countries. A patent is only valid in the countries where it is applied for.
2. Remember that a patent is only useful if you can obtain value from it: this means that someone will be ready to pay for a license (and get economic benefits from using the invention) AND you will be able to detect and prosecute those who would use the invention without licenses. If the economic value is small and/or you can't detect infringement, there is no point patenting.
3. Patenting a research method - even if there is economic value- is problematic because of the difficulty in detecting infringement. But it can be done (see various molecular biology reagents, the PCR patent, the AFLP patent, etc...)
4. as for the gene sequence: In most developed countries the gene sequence itself would be difficult to patent. The uses of the sequence, as much as you can describe these uses, and your description show non-obviousness and novelty, may be patentable.
5. You could also explore other means of getting value and recognition from your success. For example if you identified parties interested to develop the invention into a commercial product, you could approach them and discuss under confidentiality the transfer of information and how to progress towards development. If you cannot identify such parties, maybe the invention is not worth patenting, unless you plan to develop yourself.
Good luck !
It is supposed that you can't patent genes, but certainly you can patent the strategy if it's novel like you said. And if the plant-specific gene is involved in or new for a known process, you should publish a paper with its sequence and importance in plant life.
Dear Bharat:
1. the situation depends on the countries. A patent is only valid in the countries where it is applied for.
2. Remember that a patent is only useful if you can obtain value from it: this means that someone will be ready to pay for a license (and get economic benefits from using the invention) AND you will be able to detect and prosecute those who would use the invention without licenses. If the economic value is small and/or you can't detect infringement, there is no point patenting.
3. Patenting a research method - even if there is economic value- is problematic because of the difficulty in detecting infringement. But it can be done (see various molecular biology reagents, the PCR patent, the AFLP patent, etc...)
4. as for the gene sequence: In most developed countries the gene sequence itself would be difficult to patent. The uses of the sequence, as much as you can describe these uses, and your description show non-obviousness and novelty, may be patentable.
5. You could also explore other means of getting value and recognition from your success. For example if you identified parties interested to develop the invention into a commercial product, you could approach them and discuss under confidentiality the transfer of information and how to progress towards development. If you cannot identify such parties, maybe the invention is not worth patenting, unless you plan to develop yourself.
Good luck !
Can we patent a SSR marker tagged with a trait first time and that is useful through marker assisted selection?
Hi,
You can patent the sequence if you file also some utility for that sequence. Once you have patented the sequence you can also modified it with funtions/applications. I know this from experience. Do a simple search for any cytokine in the patent database and you will see.
Dr. Ramos,
I believe it depends on the country. In the US, I filed a patent -not granted yet- consisting in a computer-based strategy to identify immunogens . In Spain, you could file a patent for a software implementing your strategy to identify new genes.
Nice, Pedro; so, it depends on the "details" (always the details!). Broad ideas cannot be patented; perhaps kept as an "industrial secret"...
Can we please stay away from patenting actual genes? We'are all in this game for the benefit of human health and/or advancement of our knowledge. I agree to patenting the method, and congratulate you on designing a novel approach.
Patenting needs to be applied carefully whether it is needed or not, as it should not end up with disasterous disadvantages rather than advantages
Good read: Challenges to India's Pharmaceutical Patent Laws
at http://www.sciencemag.org/content/337/6093/414.full
- Badges
- Science topic
- Similar topics
- Biological Science
- Genetics