Microorganisms are master chemists and engineers of nature. They perform a variety of activities with significant economic benefits. They are of particular importance in agriculture through their roles in nutrient cycling, protection against crop pathogens and pests, production of plant growth hormones and alleviating stress in crops. The benefits of microbial function have made microbes attractive targets for patents.
This project, led by David Kothamasi, supervised by Saskia Vermeylen, made a critical evaluation of the appropriateness of the existing patent regime on agricultural microbes. Drawing from developments in International Environmental Law recognising the rights of nature, it explored the need for amendment of existing patent laws on agricultural microbes.
The first patent on a living organism was claimed by Louis Pasteur for the isolation and use of purified (aseptic cultures) yeast in 1873 (Patent No. 141072 of the US Patent Office). However, this patent was an exception. Patents were neither claimed nor granted over living resources, as these were considered as creations of God/nature and were a part of the common heritage of humankind. Apart from arguments of ethics and morality, the reason patents were not granted on life-forms was because living organisms and metabolic processes were not considered to qualify as human inventions. This scenario changed when the Judges in Diamond v Chakrabarty 447 US 303, equated the isolation of a microorganism to an aseptic culture plate with the term ‘manufacture’. This decision laid the foundations for patenting of life-forms and the biotechnology industry.
The agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS) allows member states to exclude plants and animal resources, but not microbes, from patenting with an alternate sui-generis system of protection. This can have an impact on global food security because microorganisms are of particular importance in agriculture through their roles in nutrient cycling and plant growth promotion.
- Funder: European Research Council
- Law school researchers: Dr David Kothamasi, supervised by Dr Saskia Vermeylen