gene and sw patents

[PILCH Hartmut <phm@a2e.de>]

See articles and Slashdot thread cited below.

The articles show that

- gene patents are similar in structure to swpat, relating largely to
  information entities and showing some characteristic perversities
  of information-related patents
- the case in software is even more perverse because
  - computing logic tends to reach higher levels of abstraction than
    genetic logic
  - some of the limits that apply to gene patents (such as not being
    allowed to patent natural processes) do not apply to computing logic

http://www.sciam.com/article.cfm?articleID=000B39CC-B7DF-1D07-8E49809EC588EE
DF&catID=2
http://science.slashdot.org/article.pl?sid=02/06/18/2018252&mode=thread&tid=
155

"This Scientific American article, Legal Circumvention, describes a
technique for circumventing gene patents whereby living cells are coaxed
into expressing genes, especially those genes currently held under
patents. Although, would-be exploiters of genes are prevented by patent
restrictions from constructing a particular sequence and replicating it,
patent law cannot be enforced in instances where an existing cell or
organism is caused to express any of these patented genes and proteins."

-- 
Hartmut Pilch, FFII & Eurolinux Alliance              tel. +49-89-12789608
Protecting Innovation against Patent Inflation       http://swpat.ffii.org/
120,000 signatures against software patents      http://www.noepatents.org/