[Androsynth]

This case is a bit different than the Haber process because these seeds are used to produce organisms that manufacture more of the seeds. If you are patenting the process to manufacture this type of GM soybean seed, won't it cover any process that is used to manufacture these seeds, including plants in a field? It is a tricky issue, and I don't know what the precedent is.

However, if they did patent the organism itself, or the result of the process (as e40 said in a sibling comment), then I am against this type patent.

Personally, I think IP law should be small and narrowly defined. I think that patents are valid when it is a scientific (ie non-trivial) process that has a limited duration.

EDIT: After thinking about it, I think the distinction comes down to this: are they selling it? if so they have no ownership rights on the next generation of seeds. Are they licensing it? If so, yes they do have ownership of the next generation of seeds. In that case, they are licensing to you a manufacturing process where you are allowed to sell the output, but you do not own the process itself.

[freshhawk]

Yeah, the analogy to the Haber process, like most analogies, falls apart pretty quickly.

I like that distinction between selling and licensing. It clears things up a bit and also exposes the ridiculous/terrifying consequences of being able to license lifeforms.

We're certainly not far away from modification of humans, at least in small ways, so we better have it figured out by then. If you, through some patented process, gave your children some genes for disease resistance the legal framework in place for agriculture would have the preposterous effect of giving patent holders control over how they were allowed to reproduce. Bit of hyperbolic example surely, but still an instructive one IMO.