Innovations in plant biotechnology that are or can be subject to patents
Transformation methods: particle gun; Agrobacterium mediated transformation; other bacteria mediated transformation. (Almost all transformations currently in use in developing countries are derived from the first two.)
Marker systems: RAPDS, RFLP, AFLP, SSRs, SNPs are methods to analyze the structure of DNA and the presence of particular characteristics in a given individual. Patented molecular marker systems may be used under a research license.
Regeneration methods: these include medium, temperature, light etc. regimes to create callus and plant (organs) out of cell suspensions. Many of these are published; methods to achieve higher efficiency or to regenerate specific species are often kept secret, since the use of such methods cannot be detected in the product.
Protected biotechnological processes are commonly provided under a research license. Such license may include provisions that regulate ownership and revenue sharing in case a commercial product is developed from the research. The holder of the rights on the process does not have IP-rights on the product, but a certain level of co-ownership, based on a contract.
Genes can be patented in many countries when their structure and their function can be described by the inventor. Genes that exist in nature must be isolated and purified before they can be protected. Gene patents can be the basis of very wide claims, covering many species and many uses.
- Genes: functional genes include those for various types of Bt, herbicide tolerance, etc. Selection markers: these include GUS and NPT2 and are used to check whether a cell is based on a successful transformation event. Molecular markers: these are often small sequences (DNA, RNA, protein) that can be used to identify valuable characteristics, or to analyze the structure of a particular genome.
- Promoters: 32S (close to expiry of the patent)
- Start/end sequences
- GMO variety: in the USA GM varieties and groups of varieties can be patented.
- Biotechnology equipment: sequencers, microsatellite analyzers, PCR-machines and their components. Similar to process patents, the inventor of a certain tool cannot claim IP on a variety, but can have rights, based on a contract with the scientist using the equipment.
- Reagents: In most cases the inventor will obtain revenue through adding a mark-up on the price of reagents that are necessary to use the equipment.
A successful transformation commonly involves a gene construct (gene, promoter, selection marker and some additional bits of DNA) that has been inserted in a plant through a particular process. The number of repetitions and the place(s) of the construct in the genome determine the effectiveness of the event. Selection from large numbers of transformants will lead to a new modified organism that can be the basis of new varieties through conventional breeding, which may result in a range of new varieties.
Forum Discussion
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Discussion Forum what type of IPR and what technical context as described above are most relevant to your work. On the forum we hope you can indicate what juridical obstacles you expect to encounter in the near future.
