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In the United States Patent and Trademark Office : In the Request for Reexamination of U.S. Patent No. Plant 5,751 (Patentee: Loren S. Miller) for Banisteriopsis Caapi (cv) “DA VINE”


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Abstract

To award patents to individuals who merely acquire knowledge that was painstakingly accumulated and refined over generations by others would create incentives for misappropriation of information in the public domain. If traditional knowledge holders in indigenous cultures find that their knowledge can be appropriated in this way, without recognition of their contribution, the result will be to reduce incentives desperately needed for them to maintain their systems of knowledge. The patent’s claim of ownership of patent rights over what in fact is a naturally occurring plant found in an uncultivated state in developing countries is not only inconsistent with the objectives and terms of patent law, but also runs counter to international principles — embodied in instruments such as the Convention on Biological Diversity — which call for the equitable sharing among countries of the benefits of the use of genetic resources.