Flags and Lollipops

Friday, April 14, 2006

BIND goes on the offensive?

My knowledge of patent law (U.S patent law, at that) is rather sketchy, but I was surprised to read (via Snowdeal) that Unleashed Informatics - the commercial spinoff from the now defunct Blueprint Initiative - is planning on enforcing a patent it holds covering "a system for electronically managing, finding, and/or visualizing biomolecular interactions comprising a computer system including at least one computer receiving data on biomolecular interactions from a plurality of providers" (full patent here). To be fair, Unleashed has said that it will only target for-profit organizations.

Of course companies have to protect their intellectual property, and I don't have any problem with that. Some points that concerned me, though:

It's a software patent. Fine, patent software ideas so that somebody else can't patent it after you and then take you to court, but enforcing it yourself? Seems dodgy, and it's not like there are hundreds of competitive commercial BIND clones out there (AFAIK). Are UI under pressure from funders, do they just need a quick buck, what?

Surely US-based databases like Reactome fall under the patent - are they effectively at the mercy of Unleased Informatics deciding to be nice to academics? What happens if UI goes bust and the patent rights are acquired by a company not so nice?

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15 Comments:

At April 14, 2006 2:22 PM, Blogger Pedro Beltrão said...

The patent basically describes any biomolecular interaction database. Its scary to think that someone could actually use something like this to put out so many useful science websites. BIND did not even invent the concept. If I remember right at least KEGG is older than BIND, but there are probably more. If they managed to get also something on data formats to transmit biological sequences between computers they could try to kill bioinformatics.
According to them they are doing this because:
“We sit and watch these companies daily use our open access resources to market products that compete and infringe on the patent,”
As far as I know the open access resources BIND as were built with public funding so they should be open period. If they want to keep the competition away, they should innovate, do something that we want to buy.

 
At April 14, 2006 8:31 PM, Anonymous Deepak said...

Patent law is always tough to interpret, but I seriously doubt that this patent would hold up in court. Would love to hear from someone who knows the law better than any of us.

 
At May 13, 2006 3:52 AM, Anonymous Eric said...

The unfortunate fact is - regardless of how valid or invalid the patent might be - the winner will be the one with the greatest chest of money to pay lawyers. It is basically a game of "who will blink first" - based on who will run out of money first. This is how some patent holders "monetize" there (otherwise worthless) intellectual property - by going after people who cannot afford a long court battle - and they just settle out of court.

Patents in the US are broken - especially in regards to software...

 
At June 12, 2006 12:11 AM, Anonymous Anonymous said...

I work at Mt.Sinai/SLRI which is so unfortunate to be somewhat associated with the people behind Unleashed. It is a very sad thing they got innocent (not too smart I guess) lawyers to jump on this one. What a disgrace to bioinfomatics, to Mt.Sinai and to Canada for hosting such incompetent and useless researchers. If in doubt, yes iam extremely pissed off at this patent and the move towards registering for accessing BIND. At the end though I bet it will leave BIND as a piece of the past, the data will prevail the people who initiated the database.

- A non dogbox fan

 
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