Someone makes a virus for targeted killing of cancer cells. Can they patent it? Are viruses organisms?
Someone makes a virus for targeted killing of cancer cells. Can they patent it? Are viruses organisms?
Second plants breed, by themselves. Does someone deserve to patent a plant they just found growing in their garden? What happens if someone does patent a better tomato, and then a tomato naturally does the same thing itself? Do you sue the tomato plant? What about the non obviousness test? If it's so easy a tomato can do it...
So yes plant breeding is different to other industries. Patents control how people reproduce your things, plants reproduce by themselves, and the reproductive parts are why we buy 90% of plants for.
"viruses are generally not considered to be true living organisms." https://www.sciencedaily.com/terms/virus.htm
This raises the question whether advances in medicine should be able to be patented. With jacked up insulin prices causing people to risk their lives rationing doses, I'm not sure it's a good thing. I know patents create an investment incentive, but I have to wonder if there's not a better way. And government subsidized research adds another layer of complexity, although I'm not sure if that can or can't be patented in various jurisdictions.
Also, many people here are opposed to software patents (imo rightfully so), so it should be unsurprising that they'd be against patenting crops.