[A2k] ETC Group: Extreme Monopoly: Patent Grab on Synthetic Genomes

Mon Dec 10 12:17:02 2007

*ETC Group*
*News Release*
*8 December 2007*
*www.etcgroup.org* <http://www.etcgroup.org>

*Extreme Monopoly:
*Venter=92s Team Makes Vast Patent Grab on Synthetic Genomes*

/Six months ago //ETC Group exposed the Venter Institute=92s controversial
patent applications on the world=92s first human-made living organism/
<http://www.etcgroup.org/en/materials/publications.html?pub_id=3D631>/
built entirely from synthetic DNA (dubbed =93Synthia=94 by ETC Group). Newl=
y
published patent claims reveal an even bigger grab for ownership of
synthetic life./

A suite of patent applications lodged by J. Craig Venter and his
colleagues claims exclusive monopoly on a wide swath of synthetic
biology and demonstrate a not-so-subtle move to position Venter=92s
company, Synthetic Genomics, Inc., as the =91microbesoft=92 of synthetic
life. Find out about =93The Men & Money Behind Synthia.=94
<http://www.etcgroup.org/upload/body_image/40/03/etc_mennmoney_withbleed.jp=
g>

This time, Venter=92s shop isn=92t claiming a single microbe (Synthia) made
from synthetic DNA =96 the new claims are broadly framed to seek exclusive
monopoly on ALL synthetic genomes. Venter=92s latest bid for extreme
monopoly has drawn strong condemnation =96 but not much surprise =96 from
civil society and from scientists in the field of synthetic biology.

  =93It appears that Craig Venter=92s lawyers have constructed a legal rats=
=92
nest of monopoly claims that may entangle the entire field of synthetic
biology,=94 explains Jim Thomas of ETC Group. =93These patent applications
need to be looked at very closely indeed. For example, the list includes
proprietary claims on basic research steps such as adding synthetic DNA
to a living organism =96 which pretty much sums up the current field of
synthetic biology.=94

Despite repeated attempts to reach Dr. Venter and Synthetic Genomics,
Inc., there was no response to ETC Group=92s request for comment.

Dr. Tom Knight, senior research scientist at the Massachusetts Institute
of Technology=92s (MIT) Computer Science and Artificial Intelligence
Laboratory, describes some of the claims as =93absurdly, ridiculously
broad.=94 He told ETC Group that Venter=92s patent claims on synthetic
genomes =93evidence a lack of respect for prior art which is breathtaking.=
=94

=93This is extremely serious,=94 said Knight, =93If the claims were to be
granted, it=92s like saying =91we own life.=92=94

Dr. Paul Oldham from the ESRC Centre for Economic & Social Aspects of
Genomics (CESAGen <http://www.cesagen.lancs.ac.uk/>) at Lancaster
University (UK) recently analyzed the portfolio of synthetic biology
patent applications made by Venter and his scientific team (see chart
below). What emerges is a series of applications from 2005 that seek
exceptionally broad and far-reaching claims on the creation of synthetic
genomes, and methods for transplanting them into living host cells (or
cell-like systems) that may subsequently yield products of interest. In
theory, synthetic cells could be designed to have properties useful to
industry =96 such as producing ethanol, hydrogen or other synthetic fuels.
The claims extend to virtually any genome that has been partly or wholly
modified using synthetic DNA, whether =93substantially identical=94 to a
natural genome or not. They also claim ownership of the living cells
that result.

The patent applications also hint that Venter, famous for speeding up
the reading of genomes using his =91shotgun sequencing=92 method, may be
working on a new method to speed up the assembly of whole synthetic
genomes =96 a sort of =91shotgun synthesis.=92 The patents describe a syste=
m
for rapid automated prototyping of synthetic organisms that could
produce millions of new synthetic organisms per day. Read more about
=93shotgun synthesis=94 here. <http://www.etcblog.org/>

Another pioneer in the field of synthetic biology, Harvard University
professor of genetics, Dr. George Church, told ETC Group that he
believes Venter=92s strategy has more to do with raising money than
innovation. =93When you=92re trying to raise money, the more people who tal=
k
about it =96 the more you get attention. Knowing Venter=92s track record =
=96
he=92s trying to reinforce that. He=92s going after bragging rights on the
first [synthetic] genome,=94 said Church.

*Wake Up Call: *The patent claims are meant to be a harbinger of big
news.* *In a matter of weeks or months, Venter=92s scientific team is
hoping to make history by announcing the creation of the world=92s
first-ever human-made species =96 a bacterium made entirely with synthetic
DNA in the laboratory. Although Venter=92s Institute has already applied
for worldwide patents on Synthia, it remains a theoretical achievement
to date. How is Venter=92s team attempting to build a synthetic life-form?
=93The Story of Synthia=94 is available here.
<http://www.etcgroup.org/upload/body_image/38/02/etcventertoons_story_of_lg=
.jpg>

No one knows when scientists will actually produce a fully functioning,
self-replicating organism made from synthetic DNA. According to Venter,
the announcement will be withheld until the work is simultaneously
published in a scientific journal.

Venter asserts that he wants to create commercial microbes that produce
drugs, chemicals and fuels. Earlier this year he told /Business Week/,
=93If we made an organism that produced fuel, that could be the first
billion- or trillion-dollar organism. We would definitely patent that
whole process.=94

Some scientists contacted by ETC Group are confident that Venter=92s
patent claims will be rejected by patent examiners because they fail to
pass the test of being novel and non-obvious inventions. ETC Group puts
no faith in a patent system that, over the past quarter century, has
awarded sweeping patents on all biological products and processes.
Corporate giants like Monsanto (and Microsoft) have won monopolies that
are used to quash competition and stifle research. And, even the most
egregious claims, once granted, can take decades to overturn in court
(and millions of dollars in legal fees).

  =93The fledgling synthetic biology industry keeps talking about how
they=92re going to fix climate change =96 but these sweeping patent claims
reveal that the companies are much more focused on securing profits than
on human needs,=94 explains Hope Shand of ETC Group. Venter=92s research on
synthetic microbes is supported by millions of dollars in funding from
the U.S. Department of Energy. =93Taxpayer dollars support this research,
but public debate and regulatory oversight of synthetic biology lag far
behind,=94 adds Shand.

See ETC Group=92s snapshot of the new synthetic biology industry =96
=93Syndustry.=94

  Open-science advocate, Dr. Richard Jefferson, founder of BIOS
<http://www.cambia.org/daisy/cambia/home.html> =96 Biological Innovation
for Open Society =96 believes that, if the patents are granted, Venter
might be convinced to surrender them to a =93protected commons=94 where
basic research tools can be used without fees as long as subsequent
improvements are made freely available. Although inconsistent with
Venter=92s prior actions, that possibility cannot be ruled out.

  The final disposition of Venter=92s patent claims, whether or not they
are granted in whole or in part, or placed in the public domain, doesn=92t
resolve serious concerns about how synthetic biology will be used or
abused, and what impacts it will have on society, said Kathy Jo Wetter
of ETC Group. =93Venter has suggested that one published article reviewing
ethical concerns related to synthetic biology
<http://www.syntheticgenomics.com/pdf/Choetal.pdf>, [in the journal
/Science/ in 1999], is all that was needed to give his work a green
light. In reality, the public debate on synthetic biology has yet to
begin,=94 said Wetter.

*For further information:*

* *

ETC Group (Montreal, Canada)
Jim Thomas
jim@etcgroup.org <mailto:jim@etcgroup.org>
Tel: +1 514 516-5759

*ETC Group (Carrboro, NC, USA)*
Hope Shand
Kathy Jo Wetter
hope@etcgroup.org <mailto:hope@etcgroup.org>
kjo@etcgroup.org <mailto:kjo@etcgroup.org>
Tel: +1 919 960-5223

ETC Group (Ottawa, Canada)

Pat Mooney

etc@etcgroup.org <mailto:etc@etcgroup.org>

Tel: +1 613 2412267

ETC Group (Mexico)

Silvia Ribeiro

silvia@etcgroup.org <mailto:silvia@etcgroup.org>

Tel: +52 5555 632664

*Synthetic Genomes:*

*Patent Application Portfolio of the J. Craig Venter Institute (JCVI)*

*and Synthetic Genomics, Inc.*

* *

*Title*

*Patent Application Number*

*Filing Date (earliest provisional application)*

*Publication Date*

*Inventors*

*Assignee*

*# of claims*

Installation of genomes or partial genomes into cells or cell-like systems

US20070269862A1
<http://www.patentlens.net/patentlens/patsearch.cgi?patnum=3DUS+2007/269862=
+A1>

23 Dec. 2005P

22 Nov. 2007

John Glass; Lei Young; Carole Lartigue; Nacyra Assad-Garcia; Hamilton
Smith;

Clyde Hutchison;

J. Craig Venter

None

18

Synthetic Genomes

US20070264688
<http://www.patentlens.net/patentlens/patsearch.cgi?patnum=3DUS+2007/264688=
+A1>

6 Dec 2005P

15 Nov. 2007

J. Craig Venter; Hamilton Smith; Clyde Hutchison

None (This invention was made with U.S. govt. support -DOE grant number
DE-FG02-02ER63453).

38

Synthesis of Error-Minimized Nucleic Acid Molecules

US20070128649
<http://www.patentlens.net/patentlens/patsearch.cgi?patnum=3DUS+2007/128649=
+A1>/WO2007065035

<http://www.patentlens.net/patentlens/patsearch.cgi?patnum=3DWO+2007/065035=
+A2>

2 Dec 2005P

7 June 2007

Lei Young

No assignee for U.S. app; WIPO app. assigned to Synthetic Genomics, Inc.

21

Minimal Bacterial Genome

US20070122826
<http://www.patentlens.net/patentlens/patsearch.cgi?patnum=3DUS+2007/122826=
+A1>

/WO2007047148
<http://www.patentlens.net/patentlens/patsearch.cgi?patnum=3DWO+2007/047148=
+A1>

12 Oct 2005P

31 May 2007

John Glass;

Hamilton Smith; Clyde Hutchison; Nina Alperovich; Nacyra Assad-Garcia

JCVI

28

Method for In Vitro Recombination

US20070037196
<http://www.patentlens.net/patentlens/patsearch.cgi?patnum=3DUS+2007/37196+=
A1>/WO2007032837

<http://www.patentlens.net/patentlens/patsearch.cgi?patnum=3DWO+2007/032837=
+A2>

11 Aug 2005P

15 Feb. 2007

Daniel Glenn Gibson;

Hamilton Smith

JCVI (Aspects of the invention were made with govt.  support -DOE grant
number DE- FGO2-02ER63453

63 original

24 cancelled

39 remaining

Amplification and Cloning of Single DNA Molecules Using Rolling Circle
Amplification

WO2006119066
<http://www.patentlens.net/patentlens/patsearch.cgi?patnum=3DWO+2006/119066=
+A2>

29 April 2005P

7 June 2007

JCVI

62

*Source: Based on information provided by Dr. Paul Oldham, CESAGen*

  Note: According to the website of Synthetic Genomics, Inc.:  =93Synthetic
Genomics handles the prosecution of any patent applications covering
intellectual property developed by the JCVI under a Sponsored Research
Agreement between Synthetic Genomics and JCVI. Rights to any resulting
patents are assigned to Synthetic Genomics.=94
http://www.syntheticgenomics.com/press/SG-BP_FAQs.htm