Sunday, June 1, 2008
High tech fashion
Frankenstein (artificial life form) seed also opposed
Golem-Frankenstein master Craig Venter and his colleagues have applied for a patent on a minimal-genome bacteria, which is sparking protests. First, here's the preliminary claim:
United States Patent Application 20070122826
Minimal bacterial genome
1. A set of protein-coding genes that provides the information
required for growth and replication of a free-living organism under
axenic conditions in a rich bacterial culture medium, wherein the set
lacks at least 40 of the 101 protein-coding genes listed in Table 2,
or functional equivalents thereof, wherein at least one of the genes
in Table 4 is among the lacking genes; wherein the set comprises
between 350 and 381 of the 381 protein-coding genes listed in Table 3,
or functional equivalents thereof, including at least one of the genes
in Table 5; and wherein the set comprises no more than 450
protein-coding genes.
I suggest the claim be written - I am not a fan of negative limitations - "... wherein the set lacks at least 40 of ..." - you can write this claim constructively ("most to all of the Table 3 genes, plus less than 60 of the Table 2 genes").
Legally, if you accept Chakrabarty, well, this invention is even more artificial, and even less a natural phenomenon, than the bacteria in Chakrabarty. This new application won't be shot down on caselaw grounds.
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