In review, “Patent disputes could trip up genome wide scans for disease” Nature Medicine:

My stance is that biochemicals are media. Thus, the physical media —your DNA— are your physical property. The data encoded by the media —your DNA sequence— is your property under copyright. The DNA sequencing process and machinery may be patentable property. The meaning and interpretation of the data —your DNA test results— is like software or music. It can be copyrighted or licensed, but it should not be patented.

Analogy: DNA molecules as CDs

Imagine a CD. I speak “Hello, my name is Andrew Yates” into a microphone, I create an audio recording of my voice, and I burn that recording onto a CD.

I own the CD.

I own the copyright to the information encoded on that CD.

I cannot patent “Hello, my name is Andrew Yates.”

I cannot patent the meaning of “Hello, my name is Andrew Yates.”

I can patent CD readers. You may not be able to sell CD readers without a license from me.

However, my CD reader patent does not extend to whatever you record on your CDs —even if I claim to own all means of reading all CDs. Further, a patent is a right to exclude. You can read your CDs however you like until I officially tell you that you can’t.

Map: Your DNA sample is the CD. The sequence of your DNA is “Hello, my name is Andrew Yates” voice recording encoded in the CD. The CD reader is the DNA sequencer. The medical report from your DNA is your interpreted meaning of “Hello, my name is Andrew Yates.”

Reduce: Now, I never want to hear this “mirror” analogy ever again.

Vulture Capital: Navigenics

More from “Nature”:

Navigenics, which includes an indirect test of the patented Alzheimer’s gene APOE, has proposed a royalty-based model that reflects the relative contribution of the licensed gene or single nucleotide polymorphism to the overall value of the service. The company envisions stacking royalties such that they do not exceed 5% of their sales.

Translation: we should all agree to unintelligible license contracts so we can level up as portfolio license pokemon!

Uh oh, a wild startup appeared! Navigenics, I choose you! Navigenics used APOE. It was super effective! startup is confused. startup hit itself in the confusion! startup has fainted. Vulture Capitalist wins!

Athena Diagnostics, which has exclusive rights to the patent for APOE, says it has not come to any conclusions regarding such opportunities.

Translation: no.