Buzz
Patent laws were introduced to safeguard inventors from having their creations copied by others. In the past, patents were mainly granted for technological advancements. However, today, people seem to be seeking patent protection for more unconventional things.
One current debate revolves around the legalities of patenting living beings, in whole or part. At present, patents are being issued for bacteria, viruses, mice, fish, dogs, and rabbits. In the future, humans might even fall under this category.
In 2013, the US Supreme Court decided that human genes could not be patented, leaving over 5,000 existing patents on human genes in the US in legal limbo. However, instead of halting this practice, the court's decision might just drive individuals and organizations to seek out legal loopholes.
10. OncoMouse
The OncoMouse is the first-ever patented animal. Developed by Harvard University researchers, it was created to investigate the development and treatment of cancer in humans. Unlike a regular mouse, the OncoMouse carries a permanent infection of the mouse mammary tumor virus, which is similar to breast cancer in humans. This makes OncoMice prone to developing cancerous growths.
In April 1988, Harvard University received a patent for the OncoMouse, which was classified as a 'Transgenic Non-Human Mammal.' The university later licensed the patent to DuPont, a leading chemical company that had been involved in its creation.
The patent sparked debate among animal rights activists, who questioned the ethics of patenting a living creature, and among researchers who saw it as privatizing lab mice. Prior to this, research institutions shared mutant lab mice freely, but with DuPont's involvement, the mice were sold at high prices, and researchers were required to share any commercial profits derived from using them.
The European Patent Office granted a patent for the OncoMouse, arguing that its benefits to humanity outweighed its suffering. In contrast, Canada refused to patent the mouse, arguing that it remained a living creature despite the genetic modification. However, Canada did allow Harvard to patent the process used to create the mouse.
9. A New Strain of Pseudomonas Bacteria
A newly discovered strain of oil-digesting Pseudomonas bacteria became the first genetically engineered organism to be patented. This was achieved by inserting DNA from four different species of oil-degrading bacteria within the Pseudomonas genus into a single strain.
Previously, all four species were needed to clean an oil spill, as each one consumed a specific component of the oil. However, instead of collaborating, these species competed, leaving the cleanup incomplete.
Scientist Ananda Mohan Chakrabarty and his team ended this competition with their genetically engineered bacteria, capable of consuming oil without issue. Chakrabarty filed for a patent for his 'invention,' triggering a legal battle that eventually reached the US Supreme Court.
The legal debate was not just about patenting the bacteria, but about the broader question of patenting living organisms. The success of Chakrabarty's case would pave the way for researchers seeking to patent other genetically modified organisms. In 1981, Chakrabarty was granted a patent after his lawyers argued that the US Constitution permitted the patenting of any original processes. This set the stage for the patenting of the OncoMouse a few years later.
8. MERS Virus
The scientific community has long debated whether viruses are living organisms or nonliving entities. This dilemma is complicated by the fact that viruses act like nonliving things when outside a host but exhibit characteristics of living organisms when inside a host body.
Middle East Respiratory Syndrome (MERS) is a deadly respiratory virus that causes pneumonia and similar conditions in humans. It is most common in the Middle East, particularly in Saudi Arabia, where it was first identified in 2012. Saudi Arabia attempted to research the virus but faced a major obstacle when they discovered that Erasmus University in the Netherlands had applied for a patent on both the virus and methods for its detection and prevention.
According to the United Nations Convention on Biological Diversity, the MERS virus is technically owned by Saudi Arabia. However, the virus was sent to the Netherlands by an Egyptian doctor from Jeddah without Saudi Arabia's consent.
Erasmus University had previously attempted to patent other viruses. In the 2000s, the university sought to patent the similar Severe Acute Respiratory Syndrome (SARS) virus, but dropped its claim after intervention from the World Health Organization. The university does hold a patent for the human metapneumovirus (hMPV) and even tried to create a new virus to patent.
7. Rabbits
Biochemical and Pharmacological Laboratories, Inc. holds a patent for a rabbit. This is not a genetically modified rabbit, but a regular one whose eyes have been intentionally harmed with a sugar or salt solution, keeping them permanently open for research and profit purposes.
The damage causes the rabbit to exhibit symptoms similar to 'dry eye,' a condition in humans that leads to a shortage of tears and corneal epithelial damage. These rabbits are utilized to study potential treatments for this condition. The patent also covers other animals, such as chickens, that have undergone this procedure.
6. Triploid Oysters
The Supreme Court decision that permitted the patenting of a new species of Pseudomonas bacteria opened the door for researchers and their organizations to patent genetically modified living organisms. One example of such an organism was the OncoMouse. Another was the triploid oysters.
Triploid oysters possess three sets of chromosomes, in contrast to regular oysters, which have two. This genetic difference makes the triploids larger and fatter, yet they are infertile, meaning they do not reproduce like other oysters. As a result, triploids are available throughout the year, unlike typical oysters, which become scarce during mating season in summer.
Triploid oysters were first developed in the 1980s by Standish Allen, a biologist and PhD student at the University of Washington. He sought a patent, but it was rejected because he had already conducted research and published findings on the method of creating triploid oysters during his time at the University of Maine in the 1970s.
In 1989, Standish and his colleague, Ximing Guo, discovered an alternative way of producing triploid oysters. Allen's initial method had involved harmful chemicals, but the new approach utilized tetraploid oysters (four sets of chromosomes) crossed with regular diploid oysters (two sets of chromosomes) to produce the triploids.
Their patent application was ultimately approved, but the patent was granted in the name of their employer, Rutgers University, in 1998. This patent not only covered oysters but also similar species such as scallops, clams, and mussels, along with the process to create them.
5. Dolly the Sheep
Dolly, the first mammal to be created by cloning, was not born through fertilization but was instead cloned from the cell of another sheep. This made Dolly an exact genetic replica of the sheep from which she was cloned. She was cloned in 1996, lived a normal life, and was euthanized in 2003 after giving birth to several lambs over her 6.5 years.
The scientists at The Roslin Institute who successfully cloned Dolly attempted to patent Dolly, her offspring, and the cloning method. This led to a decade of legal battles that continued until 2014, long after Dolly had passed away.
The ruling determined that Dolly and other cloned animals could not be patented because they shared the same genetic material as the original animals. However, the Roslin Institute at the University of Edinburgh was granted a patent for the method used to clone Dolly.
4. Beagles
Each year, over 75,000 dogs are subjected to experimentation in the United States. Beagles are the most commonly used breed due to their small size and obedient nature. Their high demand has led to incidents where thieves steal them from their homes to sell to research labs.
At the turn of the 20th century, the University of Texas developed a method to infect beagles with a lung disease that would ultimately cause their deaths. The patent application for this method sought to include any animal subjected to the procedure.
Although the US Patent and Trademark Office (USPTO) initially approved the patent, it was later retracted for review in 2004 after legal challenges from the American Anti-Vivisection Society and the Center for Technology Assessment. The University of Texas eventually withdrew its patent claims before the USPTO issued a final decision.
3. AquAdvantage Salmon
The AquAdvantage Salmon, the first genetically modified (GM) salmon to receive approval for commercial production and consumption from the Food and Drug Administration (FDA), was developed by AquaBounty Technologies. It is created by incorporating genes from Pacific Chinook salmon and ocean pout into an Atlantic salmon.
As a result, the AquAdvantage Salmon grows year-round, unlike regular Atlantic salmon, which grows only during certain seasons. This unique trait allows the AquAdvantage Salmon to double the growth rate of conventional salmon and be available throughout the year.
In addition to the typical patenting challenges surrounding animals, concerns have arisen about the potential for GM salmon to escape into the wild and interbreed with non-GM salmon. However, the FDA asserts this is impossible since these salmon are raised in controlled tanks, far from natural waters, and are sterile females incapable of reproduction.
For those opposed to consuming GM foods, there is another issue. AquaBounty Technologies is not obligated to label its salmon as genetically modified, as there are no biological distinctions between the AquAdvantage Salmon and regular non-GM salmon.
2. GloFish
The GloFish is the first genetically modified pet in the world. This patented zebra fish has the unique ability to glow under ultraviolet light, while appearing just like any normal zebra fish under regular lighting. The glow is achieved by introducing fluorescent genes from coral into the zebra fish’s DNA.
Originally, the GloFish was not intended as a pet, but as a biological tool designed to detect water pollution. The first GloFish was created by scientists in Singapore who wanted fish that would glow whenever their habitat became polluted.
While genetically modified fish are generally made sterile to prevent them from breeding in the wild, the GloFish can still reproduce. However, its creator, Yorktown Technologies, asserts that the fish would not survive in the colder waters of the United States if they ever escaped into the wild.
1. Pigs
In 2005, agricultural biotech giant Monsanto faced public backlash after attempting to patent a pig it claimed was meatier. The patent also covered the pig's offspring and the breeding methods used to produce them.
However, the situation was not as it seemed. Monsanto hadn't actually created or genetically modified any pigs. Instead, it developed a testing kit designed to identify a gene found in pigs that naturally produced more meat. Once identified, pigs with this gene were paired to produce meatier offspring.
This was not an invention at all; it was simply natural selection at work—something humanity has practiced for centuries. Monsanto merely created a tool to streamline the process.
In 2007, Monsanto sold its kit technology to Newsham Choice Genetics, a U.S.-based company, which then attempted to patent it in the European Union. In Germany, pig farmers, along with the agriculture minister, protested, fearing that they would be forced to pay royalties to Newsham. The European Patent Office rejected the patent on the pigs themselves, but granted a patent for the kit.
