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From: leonard@qiclab.UUCP (Leonard Erickson)
Newsgroups: talk.bizarre,misc.legal,talk.politics.misc,misc.jobs.misc,sci.bio
Subject: Re: Are Animals Patentable?
Message-ID: <1205@qiclab.UUCP>
Date: 21 Apr 88 04:49:09 GMT
References: <97500013@prism> <4872@xanth.cs.odu.edu> <9915@tekecs.TEK.COM>
Reply-To: leonard@qiclab.UUCP (Leonard Erickson)
Organization: Qic Laboratories, Portland, Oregon.
Lines: 33

In article <9915@tekecs.TEK.COM> andrew@frip.gwd.tek.com (Andrew Klossner) writes:
<The patent office specifically stated that they will not accept patents
<for new specifies of humans because of the thirteenth amendment to the
<constitution.  You know, the one prohibiting slavery.
<
<The question now has to do with the gray area.  That mouse has a human
<gene, so we've established that an animal with at least one human gene
<is patentable.  And we know that an animal with 100% human genes is
<not.  Where will the line be drawn?

Let me know when you find someone with "100% human" genes. We share a *lot*
of genes with other animals. Remember, molecular bioligists suspect
that a human-chimp cross is possible.

Even when they get a complete map of the human genome, the question will
be incredibly muddy. We'll have to decide on a definition of "human". 
And just think of the fun when it is discovered (as it inevitably will)
that there are some "humans" who don't fit the definition. If there is
a definition of "human" that's going to happen unless the definition is
such that some creatures considered "non-human" now will be "human"
under it.

Both outcomes will cause great outcry. So it is going to be a pain
coming up with an acceptable decision. 

(Note that in regards to the above, I'd be surprised if it happened in
5 years, and even more surprised if it *didn't* happen in 25!)


-- 
Leonard Erickson		...!tektronix!reed!percival!bucket!leonard
CIS: [70465,203]		...!tektronix!reed!qiclab!leonard
"I used to be a hacker. Now I'm a 'microcomputer specialist'.
You know... I'd rather be a hacker."