Its genome sequenced, SARS patents proliferate

Following intense activity around the globe, researchers have identified critical aspects of the SARS genome -- and now the race is on to file patents.

The rush to patent, which has been joined so far by the US Centres for Disease Control (CDC), the British Columbia Cancer Agency (BCCA) and the University of Hong Kong, could be seen either as philanthropic or vested interest.

The BCCA has already made a statement refuting any commercial motives for the patent applications, and has been reported in The Scientist magazine as saying it was "trying to pre-empt the nonsense that has gone on in the past," with patents on the AIDS virus restricting open access to research.

Applying for the patents has been flagged as a way to stop any other bodies, commercial or otherwise, from using the fruits of cooperative research without paying a licence fee.

In reality, it is likely other patents will still proliferate despite early 'blocking' moves, according to patent attorney Tom Gumley from legal firm Freehills Carter Smith Beadle.

"It's likely a multiple patent situation will arise in the near future," he said. "If there are 10 applications now, there could be 20 or 30 in the next six months. Even if some of the first [patent applications] are for broad patents on the whole virus or sequence, others will patent particular sections or proteins that have a specific use."

IP Australia biotech patent examiner Terry Moore said there was the potential for somebody in Australia to patent both the genes and the virus, "but only if they have a novel use."

"It may be that specific regions are important for a possible probe, or for developing a vaccine. If patents on those have been filed overseas by a large multinational then they could well be applied here via a worldwide application too," she said.

But even if the patents are commercially motivated, there is still a lot of potential for future applications on much narrower bases. A broad-based patent may plug the initial hole, but is unlikely to stop the flood of commercial applications, noted Gumley,

"If there is money to be made, it is likely there will be patents applied for here. The broad applications won't stop small, specific patents being lodged. But if SARS turns out to be a one-off, interest will probably lapse," he said.