Comment Re:Breeding issues (Score 1) 91
Monsanto was able to patent the seeds. It is illegal to patent "a human organism". From https://www.uspto.gov/web/offices/pac/mpep/s2105.html,
Notwithstanding any other provision of law, no patent may issue on a claim directed to or encompassing a human organism.
It doesn't work like that most of the times in practice. Take for instance what is happening in the seed sector. Companies that identify a useful trait in a traditional crop and use it in a genetically modified version, are supposed to share their benefits (for example through the ITPGRFA Treaty) with the communities that have evolved this trait in a species through hundreds of years of breeding by farmers. Otherwise it would be unfair to use "our" collective research and patent the outcome of yours without giving back anything. But, once identified, the DNA sequences of the trait can be copied from all sorts of other species - even non-plant ones- so they evade the whole process by taking it from somewhere else, it is virtually untraceable. In the USPTO doc you linked, it just says you can't patent a human organism. But they don't need to or want to patent the entire organism. They have patented the trait, the HIV-resistance gene sequence. If you want your child to be HIV-resistant and you can pay for it, they will happily take your money. But what happens when your children have children of their own? Logic dictates that they wouldn't have to pay, but logic indicated that in the Monsanto case and we saw what happened there.