Open License or Patents? Responsible choices within a diverse ecosystem

THE ST²OOL Project aims at revisiting the principles of Synthetic Biology used in the iGEM competition: Standardization (ST), Stability (ST), Orthogonallity (O) and Open License (OL). We plan to critically revise whether three of the so-called engineering dogmas are truly applicable to biotechnology.

Additionally, the fourth pillar of our four-legged ST²OOL will be Intellectual Property, which we plan to study in an unprecedented way.

Our aim is to promote a sustainable protection system displaying a balance between general, commercial and individual interests, as it is discussed in the well-known debate in SynBio on Open License and patenting issues. We would like to develop an idea that we read in an article written by Jane Calvert, “Ownership and sharing in synthetic biology: A ‘diverse ecology’ of the open and the proprietary?”. In this “ecosystem” with a high legal “biodiversity”, we plan to investigate how Responsible Research and Innovation could be the key to decide among all available protection forms. In addition to that, we will perform two tasks aiming at: i) creating a common language for both scientists, engineers and lawyers. We are developing two parallel dictionaries, one with SynBio terms for lawyers, and the other with legal terms for scientists/engineers; and ii) we are developing a math-based formula for helping experts and non-experts to determine whether a SynBio invention is patentable.

These two concepts will be developed as follows, in two annex to our HP report:

Annex I. Brief dictionary of IP and SB terms for scientists and lawyers, respectively.

We expect to develop two shorts (100 words each) dictionaries allowing non-experts to understand basic legal and technical issues. These will help to create a shared language among SynBio professionals, and igemites.

Annex II. Developing a revolutionary system to find out the patentability of a SB development.

The idea is simple: would it be useful to have a mathematical formula to help experts and non-experts to decide whether something is patentable? In order to answer this goal, we are currently:

1. Developing a math-based formula, including concepts such as inventive step, novelty, industrial application and –yes- morality.
2. We plan to refine our draft formula with a directed evolution-inspired approach. We will submit our draft formula to successive rounds of verification by independent experts
3. Probing the opinion of experts, igemites, engineers, scientists and lawyers on the suitability of using maths in the patenting process:
   https://docs.google.com/forms/d/1i-POgU9uOekCN-YwklYoEd9EvgSqsMorYtSuCaX2O_A/viewform?c=0&w=1