Summary

The availability of the Arabidopsis genome and gene sequences represent an opportunity to investigate the influence of such data on patenting, patenting opportunities, and patenting strategies of stakeholders. Such an investigation is useful, not only to those patenting related "inventions", but also to those who use the data, the model system, or who intend to use similar systems. Whilst other genomes, including those of bacteria (e.g. E. coli), invertebrates (e.g. C. elegans and Drosophila), and the human genome (Jensen and Murray, ref###) are also useful in this regard, the availability of an analysis for a popular plant genome offers many advantages for those in the plant sciences and/or agribusiness. Understanding what has happened in Arabidopsis with respect to patenting allows us to better understand:

• The evolution of patenting strategies of the stakeholders
• Freedom to operate issues relating to the data
• The extent to which the organisms genome is protected by patents
• The ability of the patenting system to deal with such "inventions"
• The influence of related patenting activities on public and not for profit research

Although most of the members of the AGI were not for profits or government institutions, funded through public money, companies such as Monsanto (throught Cereon Genomics Inc) and (###) Perkin Elmer Applied Biosystems (### CHECK THIS) did support their efforts.  Monsanto also sequenced the related Landsberg genome, and has supplied this data to the not-for-profit research community.  Hence the sequencing and sequence data that exists today for Arabidopsis was affectively acheived through collaboration between private and public organisations.  The end result of this collaboration, the genomic sequence, the ESTs, and the genetic markers are available to scientists throughout the world (either directly via public databases such as GenBank and dbEST, or under agreement with Monsanto for the Landsberg data).

However, a number of problematic issues exist with respect to Arabidopsis sequence data, particularly the data that was (and still might be) the focus of bulk sequence claims made by Paradigm Genetics Inc, and to a lesser extent those made by Mendel Biotechnology Inc. and Ceres Inc. Such companies have sought to protect their investment in Arabidopsis sequencing and research through patenting of large groups of genes.  The initial step in such a strategy has been to apply for patent protection over large groups of genes.  This "maximalist" strategy is not uncommon in patenting strategies focused towards other similar technologies, and arguably makes good business sense. Unfortuneately, once applications for large groups of sequences are made, this generates uncertainty for others in the field.

The information contained in this page was believed to be correct at the time it was collated. New patents and patent applications, altered status of patents, and case law may have resulted in changes in the landscape. CAMBIA makes no warranty that it is correct or up to date at this time and accepts no liability for any use that might be made of it. Corrections or updates to the information are welcome. Please send an email to info@bios.net.

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