Live data from Hacker News

Supreme Court: Natural Isolated DNA Not Patentable, Synthetic DNA Is [pdf]

supremecourt.gov

71–80 of 174 posts

Re: Supreme Court: Natural Isolated DNA Not Patentable, Synthetic DNA Is [pdf]

#71

Does this mean that someone born with synthetic DNA is guilty of infringement if they have children? Do they need to buy a licence to keep living? Perhaps as a compromise, the court can decide that they count as three fifths of a person.

The parents would have bought the license for their child when they agreed to have the DNA modified. By the time that child has children, the patent would have expired.

So... expect numerous patent lawsuits in Kentucky?

Re: Supreme Court: Natural Isolated DNA Not Patentable, Synthetic DNA Is [pdf]

#72
post #48

Earlier quoted context omitted.

A historical correction to the misplaced tone of your 3/5ths reference, the 3/5ths compromise was by the anti-slavery republican north to prevent the southern democratic slavers from dominating the House of Representatives and the electoral college.[1] [1] http://www.redstate.com/jeffdunetz/2010/07/18/were-our-found...

I know you meant well with your comment, but in general, it's best to avoid well-actually comments. This is one of Hacker School's core rules; they elaborate on why it's a good idea to avoid these types of comments at https://www.hackerschool.com/manual .

HN comment pages would be pretty darn empty without well-actually comments.

Re: Supreme Court: Natural Isolated DNA Not Patentable, Synthetic DNA Is [pdf]

#73
post #30

Earlier quoted context omitted.

You have to appreciate his dedication to rigor.

He's consistent, which is about the only nice thing I'd want to say about him.

Your ignorance is staggering.

He voted that the police should not be permitted to take your DNA just because you were arrested.

He voted that government should not be permitted to take your property and give it to another private entity because it will generate higher taxes.

He voted that the police should not be permitted to enter your property with drug sniffing dogs without a warrant.

He voted that authorities scanning a home with an infrared camera without a warrant constituted an unreasonable search.

Re: Supreme Court: Natural Isolated DNA Not Patentable, Synthetic DNA Is [pdf]

#74
post #45

Earlier quoted context omitted.

Unless they change that, and keep on extending it, as it has been done with copyrights.

That's true... but I imagine if they extended it that far, reproduction rights of the child would be included in the license. Unlike corn, I can't imagine many parents would agree to sterilize their children just to include some synthetic DNA sequence. Even if the parents were very desperate (because of some genetic problem), they would still want their child to be able to reproduce.

They wouldn't need to sterilize the children, nor would the corporation be interested in that. Just think of the recurring revenue!

Re: Supreme Court: Natural Isolated DNA Not Patentable, Synthetic DNA Is [pdf]

#75

Earlier quoted context omitted.

Once you are born with synthetic DNA, is it not "existing in nature?" An interesting point, but cloning is not very popular among bioethicists.

Why cloning? In vitro fertilisation is common.

IVF doesn't actually change the genetic makeup of the sperm or egg in question. To do so would create a genetically altered human.

Re: Supreme Court: Natural Isolated DNA Not Patentable, Synthetic DNA Is [pdf]

#76
post #73

Earlier quoted context omitted.

He's consistent, which is about the only nice thing I'd want to say about him.

Your ignorance is staggering. He voted that the police should not be permitted to take your DNA just because you were arrested. He voted that government should not be permitted to take your property and give it to another private entity because it will generate higher taxes. He voted that the police should not be permitted to enter your property with drug sniffing dogs without a warrant. He voted that authorities sca…

If you conclude that those four votes mean that nobody can think that he's vile, you're the ignorant one.

Re: Supreme Court: Natural Isolated DNA Not Patentable, Synthetic DNA Is [pdf]

#77

An mRNA strand that is about to be translated into a protein has the introns removed, so how is the cDNA different enough from the naturally occurring mRNA other than it is a mirror image? Also, when did cDNA come to mean composite DNA instead of complementary DNA? This seems made up to imply some kind of invention instead of it just being the mirror image of the DNA molecule.

It doesn't matter that cDNA is similar to something found in nature. The fact is that DNA complementary to the mature spliced mRNA sequences of the BRCA1/2 genes does not exist in nature.

This really sounds like hair splitting to me. Along the lines of saying "well, your software patent is for a program that is stored on a GMR disk platter. Mine's stored in NAND flash, and that's never been done before!"

If the sequence is logically equivalent but stored on a different medium, how is that novel? The invention of the new medium or new techniques for transcribing between media may be, but the sequence itself isn't.

Re: Supreme Court: Natural Isolated DNA Not Patentable, Synthetic DNA Is [pdf]

#78
post #67

http://www.bloomberg.com/news/2013-06-13/the-supreme-court-s... it is not the scientists who removed the introns from the officially unpatentable original DNA sequence to make the new, patentable cDNA sequence. It is nature itself, through the magic by which pre-RNA, which includes the introns, becomes messenger RNA, which does not. The Supreme Court described this process by saying, “the pre-RNA is then naturally ‘s…

From what I understand, Myriad's test involved synthesis of cDNA (which we scientists refer to as "complementary DNA", not "composite DNA" as SCOTUS does). This is still covered by the patent. However, any test based on sequencing the genomic DNA, for example, would not violate Myriad's patent. Genomic sequencing of these genes was previously a violation of the patent. This is definitely a step forward.

In the long run, Myriad is hosed because they no longer own the sequence, including analysis. Any diagnostic not using reverse transcription of the mRNA does not violate Myriad's patent. This includes synthesis of any non-cDNA polymer, such as XNA.

Re: Supreme Court: Natural Isolated DNA Not Patentable, Synthetic DNA Is [pdf]

#80

Does this mean that someone born with synthetic DNA is guilty of infringement if they have children? Do they need to buy a licence to keep living? Perhaps as a compromise, the court can decide that they count as three fifths of a person.

The parents would have bought the license for their child when they agreed to have the DNA modified. By the time that child has children, the patent would have expired.

Another possibility: the kid is a teen parent...
Post reply on HN