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 Post subject: DNA question
PostPosted: Sun, 25 Mar 2007 17:04:54 +0000 
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Joined: Sun, 11 Mar 2007 03:18:11 +0000
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Location: darlington co durham
Ive been reading some threads on DNA .
referring to human rights and property and it seems a little confusing

if my DNA is not property can i patent my DNA then argue that if my DNA is taken it is an infringement of my patent ?

i know a wild stab in the dark but if you can patent seeds and DNA from viruses to stop others from owning using it can it be the same for my personal DNA?
and if i can then will the cost prevent anyone doing it ?

thanks Chris


Last edited by furionone on Sun, 25 Mar 2007 19:30:31 +0000, edited 2 times in total.

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PostPosted: Sun, 25 Mar 2007 18:10:00 +0000 
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The patent office (soon to be renamed "Intellectual Property office") website explains that for a patent to be granted
Quote:
Your invention must:

* be new
* have an inventive step that is not obvious to someone with knowledge and experience in the subject
* be capable of being made or used in some kind of industry
* not be:

a scientific or mathematical discovery, theory or method

a literary, dramatic, musical or artistic work

a way of performing a mental act, playing a game or doing business

the presentation of information, or some computer programs

an animal or plant variety

a method of medical treatment or diagnosis

against public policy or morality.

http://www.patent.gov.uk/whatis/whatis-patent.htm

Your DNA does not involve an "inventive step" and the exclusion of "presentation of information" would prevent a patent offering any protection against simply recording a sequence of nucleotide bases. "DNA patents" that have been granted by patent offices tend to involve the identification of genes within these sequences, in which cases it may be argued that there is an inventive step.

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PostPosted: Sun, 25 Mar 2007 19:29:43 +0000 
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Joined: Sun, 11 Mar 2007 03:18:11 +0000
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Location: darlington co durham
thank for the reply Geraint

i think wot your saying is no to my question

or are you by saying (inventive step) meaning cloning using or owning
my DNA ?
or is the privacy of my DNA a right from birth can it be argued from that stand point?

or can you argue against it from a religious point may be an opt out for religious reasons?

sorry if am not getting wot your saying this is something i know nothing about

thank Chris
:) :) :)


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PostPosted: Sun, 25 Mar 2007 20:52:40 +0000 
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unfortunately nothing exists in current law to describe how things like DNA/Fingerprints etc should be treated. However I do personally believe that they should be treated as the personal property of the person whose data it is. Ie *your* DNA/Fingerprints as they are totally unique and will never have existed before & wont exist again when you die either.

Its something perhaps thats worth writing to your MP about to pressure them into perhaps making some kinda of motion towards this to move ownership of data such as this from the state to the individual. They can have my DNA & keep it on record without a fight the day hell freezes over!

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PostPosted: Sun, 25 Mar 2007 21:48:31 +0000 
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furionone wrote:
thank for the reply Geraint

i think wot your saying is no to my question


That's right. The short answer is "no". You cannot prevent the government from recording your DNA profile on a database by patenting it.

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PostPosted: Sun, 25 Mar 2007 22:08:34 +0000 
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KitFox wrote:
unfortunately nothing exists in current law to describe how things like DNA/Fingerprints etc should be treated. However I do personally believe that they should be treated as the personal property of the person whose data it is. Ie *your* DNA/Fingerprints as they are totally unique and will never have existed before & wont exist again when you die either.

Its something perhaps thats worth writing to your MP about to pressure them into perhaps making some kinda of motion towards this to move ownership of data such as this from the state to the individual. They can have my DNA & keep it on record without a fight the day hell freezes over!


KitFox i totally agree



That's right. The short answer is "no". You cannot prevent the government from recording your DNA profile on a database by patenting it.

thank you for your reply and info Geraint much appreciated

chris
:) :) :)


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PostPosted: Mon, 26 Mar 2007 07:04:11 +0000 
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Geraint wrote:
furionone wrote:
thank for the reply Geraint

i think wot your saying is no to my question


That's right. The short answer is "no". You cannot prevent the government from recording your DNA profile on a database by patenting it.


And moreover, even if DNA were patentable, then the legislation empowering government to collect such data would implicitly create a statutory exception to infringement. All such approaches are futile.

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