451 karma · joined April 2, 2008
I got my Ph.D. at MIT and I co-founded Agrivida. I work now at the Rockefeller-funded non-profit PIPRA where I help universities and small-businesses in developing economies commercialize their research.
I'm also a partner at Stone Lion Ventures and owner of PriorSmart, which provides awesome, low-cost services to IP attorneys.
Second, "inventor" is a specific, defined thing under US law. Naming inventors who do not meet this definition can render the patent invalid. And, on a more practical level, a dispute over the inventorship will scare off licensors, precluding any revenue the patent would have brought the university.
(I have two patents, work at an IP related non profit, and own a popular IP news service. I am not a lawyer. I suggest you contact Gene Quinn, advocate of independent inventors.)
In other words, in the race to invent and patent, first place gets a big prize, second place is the first loser.
EDIT: I should have also mentioned, another option is to ask the courts to invalidate the patent (for obviousness, lack of enablement, or any other statutory requirement) if you are involved in a lawsuit. Even if you are not sued you can begin such a lawsuit by filing a "declaratory judgement" complaint against somebody who you reasonably feel might sue you.
(I am the author of the paper that showed how much of the human genome is patented. "Intellectual property landscape of the human genome", Science 2005. http://www.sciencemag.org/cgi/content/summary/310/5746/239 )
The brief filed by the government does not alter the law, it's just a letter to the court that says "this is the current, consensus opinion of the executive branch." The current law states that DNA (or any other naturally occurring chemical) cannot be patented unless it is significantly transformed from it's natural state. However, purification of the DNA is usually enough to render it patentable. That, of course, is not difficult with current molecular biology techniques.
But, like any other technology, patent applications covering DNA must meet many other requirements including non-obviousness and usefulness. Thus, the claims granted by the USPTO have become increasingly narrow as the field has matured and there is more prior art. That is, just like any new technology area the initially granted patents are broad, but they narrow over time.
So, that is a long way of saying, this might be a tempest in a teapot. Especially because most court watchers expect the Federal Circuit to reverse the District Court and keep the status quo.
Usually a tech start-up thinks it can get Gates money by applying their shizzle to global poverty or a non-profit decides it wants to make some consulting money. Both are hair-brained ideas -- choose one, it's hard enough to be successful in one world.
I'd love to use this project in order to effortlessly migrate pipes to python once they get too complicated, require something pipes lacks, or become important to a business.
For me, the numerous benefits of the platform outweigh the lock-in risk by a large margin.
I don't feel the credential based pitch can be replaced wholesale. Credentials matter and are effective because they communicate a great deal of information (often by assumption) in few words and also provide some social evidence. E.g. "Carl got his MBA at HBS." That instantly provides you with a (mostly positive) picture of Carl.
Aside: The best part of the article is the first comment.
Q: How do you know someone went to Harvard? A: They just told you.
What do you find lacking?