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Patent the living

published: 06/03/20, 17:15
by Grald
Hello, multinationals have appropriated living things and plants : Evil:
https://information.tv5monde.com/info/e ... vant-29257

Before, copyright, although not being a patent prevented the creation of any patent, what is it now and does it apply to plants?
Are there any legal tricks, is there nothing to be done ...

Re: Patent the living

published: 06/03/20, 17:18
by GuyGadebois
If you are not a market gardener, the best you have to do is to give a damn about it and to plant what you want without asking anything from anyone.

Re: Patent the living

published: 07/03/20, 09:54
by Grald
Guygadebois, I'm not thinking of my vegetable garden (if that was the case, ok with you, I wouldn't give a fuck) but of the biopiracy of multinationals who steal the knowledge and plants of traditional healers (who then theoretically cannot no longer use their plants .. if there are any left because they are then looted to supply the labs)

Re: Patent the living

published: 07/03/20, 10:18
by Paul72
in the EU, unless that has changed, there is no patenting on the living as far as I know. Plant variety certificates, yes, which protect the intellectual property of its creator (rights on their use)

Re: Patent the living

published: 07/03/20, 10:34
by Janic
Europe: multinationals can now patent life
https://information.tv5monde.com/info/e ... vant-29257

Re: Patent the living

published: 07/03/20, 19:25
by Exnihiloest
grald wrote:Hello, multinationals have appropriated living things and plants : Evil:
https://information.tv5monde.com/info/e ... vant-29257

Before, copyright, although not being a patent prevented the creation of any patent, what is it now and does it apply to plants?
Are there any legal tricks, is there nothing to be done ...

Multinationals take nothing at all except what they create. In addition it is not ad aeternam, a patent falls into the public domain after 20 years.
Finally it is not a monopoly, no one prevents anyone from modifying the living and from patenting their own discoveries. Genetic sequencing is even within the reach of the biohacker (the real ones, not the hissers who do anything on themselves). Still it would be necessary to move the brains a little, and it is a little less simple than to grumble against the multinationals.
https://www.lemonde.fr/le-monde-2/artic ... 04868.html

Re: Patent the living

published: 07/03/20, 19:26
by GuyGadebois
Exnihiloest wrote:Multinationals take nothing at all except what they create.

"We believed the patenting of plants not genetically modified impossible in Europe. However, the European Patent Office (EPO) has just granted several patents for vegetables for the benefit of international firms. "

Re: Patent the living

published: 07/03/20, 19:58
by Exnihiloest
GuyGadebois wrote:
Exnihiloest wrote:Multinationals take nothing at all except what they create.

"We believed the patenting of plants not genetically modified impossible in Europe. However, the European Patent Office (EPO) has just granted several patents for vegetables for the benefit of international firms. "


Patentability criteria
- New : the invention must be new, that is to say it must not relate to an innovation which has already been made accessible to the public
- Industrial application : the invention must be capable of industrial application, that is to say that it must be able to be manufactured or used regardless of the type of industry.
- Inventive step : the invention must involve an inventive step, that is to say that it must not be obvious from the technique known by “the skilled person”.

So if it is patentable, it is because it is not already listed.
So multinationals can only appropriate what they create, GMO or not.

Re: Patent the living

published: 07/03/20, 20:02
by GuyGadebois
Exnihiloest wrote:So if it is patentable, it is because it is not already listed.
So multinationals can only appropriate what they create, GMO or not.

Unbreakable ... : roll:

Re: Patent the living

published: 07/03/20, 20:19
by Exnihiloest
GuyGadebois wrote:
Exnihiloest wrote:So if it is patentable, it is because it is not already listed.
So multinationals can only appropriate what they create, GMO or not.

Unbreakable ... : roll:


Uncultivated... : roll:
Any multinational patent that does not meet these criteria will not be accepted, and even if it were, it could be easily attacked and subsequently void.
So you have to be innovative to patent, otherwise everyone could do it. If there are some who think they will be able to patent their dog, it is because they have understood nothing.