LMO
Encyclopedia
LMO stands for "living modified organisms", which are those organisms that have been genetically modified through the application of biotechnology
including organisms that have been modified by novel recombinant DNA
techniques as well as those that have been modified by mutagenesis
or classical breeding and selection techniques.
Genes are not invented but LMOs are patentable because they are covered by DNA patents
viewed as created by human endeavour rather than nature.
The first and most famous LMO case that set the precedent was Diamond v. Chakrabarty
. In 1971 Professor Ananda Mohan Chakrabarty
, then a scientist for General Electric
, created a "genetically modified" microorganism that ate hazardous waste. General Electric then went to the United States patent office claiming they had "invented" this bacteria and needed a patent - the first patent on a genetically engineered organism
.
The Patent Office immediately turned down the request citing a living organism cannot be patented.
In 1980 the U.S Supreme Court ruled in favor of Chakrabarty/General Electric. The Supreme Court finding in favor of "artificial products" over "natural products" in the Chakrabarthy case was the basis of the 1988 patent grant for the "Harvard-mouse" or OncoMouse
developed as a cancer research tool. The rights to the invention are owned by DuPont
.
Biotechnology
Biotechnology is a field of applied biology that involves the use of living organisms and bioprocesses in engineering, technology, medicine and other fields requiring bioproducts. Biotechnology also utilizes these products for manufacturing purpose...
including organisms that have been modified by novel recombinant DNA
Recombinant DNA
Recombinant DNA molecules are DNA sequences that result from the use of laboratory methods to bring together genetic material from multiple sources, creating sequences that would not otherwise be found in biological organisms...
techniques as well as those that have been modified by mutagenesis
Mutagenesis
Mutagenesis is a process by which the genetic information of an organism is changed in a stable manner, resulting in a mutation. It may occur spontaneously in nature, or as a result of exposure to mutagens. It can also be achieved experimentally using laboratory procedures...
or classical breeding and selection techniques.
Genes are not invented but LMOs are patentable because they are covered by DNA patents
viewed as created by human endeavour rather than nature.
The first and most famous LMO case that set the precedent was Diamond v. Chakrabarty
Diamond v. Chakrabarty
Diamond v. Chakrabarty, , was a United States Supreme Court case dealing with whether genetically modified organisms can be patented.-Background:...
. In 1971 Professor Ananda Mohan Chakrabarty
Ananda Mohan Chakrabarty
Ananda Mohan Chakrabarty , Ph.D. is an Bengali American microbiologist, scientist, and researcher, most notable for his work in directed evolution and his role in developing a genetically engineered organism using plasmid transfer while working at GE....
, then a scientist for General Electric
General Electric
General Electric Company , or GE, is an American multinational conglomerate corporation incorporated in Schenectady, New York and headquartered in Fairfield, Connecticut, United States...
, created a "genetically modified" microorganism that ate hazardous waste. General Electric then went to the United States patent office claiming they had "invented" this bacteria and needed a patent - the first patent on a genetically engineered organism
Genetically modified organism
A genetically modified organism or genetically engineered organism is an organism whose genetic material has been altered using genetic engineering techniques. These techniques, generally known as recombinant DNA technology, use DNA molecules from different sources, which are combined into one...
.
The Patent Office immediately turned down the request citing a living organism cannot be patented.
In 1980 the U.S Supreme Court ruled in favor of Chakrabarty/General Electric. The Supreme Court finding in favor of "artificial products" over "natural products" in the Chakrabarthy case was the basis of the 1988 patent grant for the "Harvard-mouse" or OncoMouse
Oncomouse
The OncoMouse or Harvard mouse is a type of laboratory mouse that has been genetically modified using modifications designed by Philip Leder and Timothy A Stewart of Harvard University to carry a specific gene called an activated oncogene. The activated oncogene significantly increases the mouse’s...
developed as a cancer research tool. The rights to the invention are owned by DuPont
DuPont
E. I. du Pont de Nemours and Company , commonly referred to as DuPont, is an American chemical company that was founded in July 1802 as a gunpowder mill by Eleuthère Irénée du Pont. DuPont was the world's third largest chemical company based on market capitalization and ninth based on revenue in 2009...
.