Annoying Ebola Conspiracy Question

[Misant777]

Hey there,

 

I'm sorry to post something so stupid here, but there's an aspect of this that I'd like to get a clear, concise answer to if at all possible. It's regarding this supposed patent on the "EboBun" variant. The patent information cited in the the whacko page below....

 

http://www.choiceandtruth.com/2014/09/alternative-news/ebola-and-the-rapid-vaccine-response-the-u-s-government-patented-ebola-in-2009-now-owns-all-victims-blood/

 

Is here: https://www.google.com/patents/CA2741523A1

 

The particular whacko who's posting this junk says:

 

"This is not the exact strain that is currently infecting people but they [the US gov] are stating that any form of the virus that at least shares 70% of their patent is their property. This is also clearly stated in the documents. those "individuals" (patent applicants) work for the government and under listed applicants it CLEARLY states The Government Of The United States Of America As Represented By The Sec Retary, Department Of Health & Human Services, Center For Disease Control"

 

So, what are your takes on this patent? Is this actually a case of government trying to patent ebola, or, what? What are the real world implications of this?

 

Input from you knowledgeable folks would be very appreciated.

 

Thank you!

 

/M

Edited September 29, 2014 by Misant777

[Strange]

I have worked on technology patents but have never quite understood how biotech patents work. However, my understanding is that only the application or use of a genetic sequence is patentable. On that basis, I would expect the first 20 or so claims to be rejected. (But I may be wrong.) After that it is about producing a vaccine against the virus, which is definitely patentable.

 

The US Government may be patenting it in order to make sure it is freely available (rather than those Pesky Drug Companies making excessive profits from the crisis). But I have no idea.

 

I actually had a vague idea that the US government was not allowed to own patents or any other IP. I guess I was wrong.

[StringJunky]

 

DEPOSIT STATEMENT

[0001] The invention provides the isolated human Ebola (hEbola) viruses denoted as Bundibugyo (EboBun) deposited with the Centers for Disease Control and Prevention ("CDC";

 

SUMMARY OF THE INVENTION

[0009] The present invention is based upon the isolation and identification of a new human Ebola virus species,

 

 

 

[0015] In another aspect, the invention provides...

To me, the patent is for various methodologies and not the virus itself

[swansont]

I actually had a vague idea that the US government was not allowed to own patents or any other IP. I guess I was wrong.

 

They can't copyright. There are rules that cover government-owned patents, which sorta implies they are a thing

 

34 CFR 6.3 - Licensing of Government-owned patents.

(a) Licenses to practice inventions covered by patents and pending patent applications owned by the U.S. Government as represented by this Department will generally be royalty free, revocable and nonexclusive. They will normally be issued to all applicants and will generally contain no limitations or standards relating to the quality or testing of the products to be manufactured, sold, or distributed thereunder.

 

(emphasis added)

http://www.law.cornell.edu/cfr/text/34/6.3

[Strange]

Thanks for that. The "royalty free ... and nonexclusive ... be issued to all applicants ..." bit is consistent with my guess as to the reason they are filing a patent.