The development of genetically edited crops and plants raises another conundrum — that of intellectual-property protection (see Nature 528, 319–320 (2015) and Nature 529, 265 (2016)). We suggest that, in the interests of all parties, knowledge of these technologies should be made public without prior patenting.
Proponents of gene-editing technologies cannot have it both ways. They hope that edited plants will not be classified as genetically modified organisms, to help to allay public fears. But then the plants would fall under the protection of the International Union for the Protection of New Varieties of Plants (UPOV), which excludes patenting.
A report from the scientific council of the French National Institute for Agricultural Research (INRA) argues that plants bred by any method should not be patented (see go.nature.com/sp15nf; in French). This recommendation is endorsed by the French Senate. Patents are granted for invention, not for having invested in the discovery or manipulation of native genes and sequences.
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Porter, J., Durand, JL. & Elmayan, T. Edited plants should not be patented. Nature 530, 33 (2016). https://doi.org/10.1038/530033b
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DOI: https://doi.org/10.1038/530033b