patent infringement again...was Re: Recipe for Phenol:guanidinium mix?

my name ckafer at
Mon Aug 3 22:21:21 EST 1998

The fact that clones are available, along with instructions, implies
nothing about the legality of their subsequent use.  My understanding
is that you can purify kilograms of Taq polymerase if ya want.  The
patent infringement begins when you use it for sequencing,
amplification yadda yadda yadda...

However, isn't the govt.  exempt from patent protections and doesn't
nearly all of our (academic labs that is) collective funding come from
the federal govt...

Has anybody actually ASKED a REAL patent attorney about these issues
or do we keep hashing this over every year or so for fun??

>"David L. Haviland, Ph.D." wrote in message

>>Umm.. then why are the clones for Taq polymerase available from ATCC?  ATCC
>>40336 is a phage encoding the cDNA for Taq and ATCC 67421 and 67422 are
>>phagmids encoding two parts of Taq.  Instructions are supplied  for taking
>>the two inserts of 421 and 422 to make a complete cDNA.  It is all on the
>>web page.  And I vaguely recall a email note posted to this group within
>>the last year (someone from Yale???) who stated that a proofreading version
>>had been placed with ATCC as well.   Just use "Taq" in the ATCC web search
>>area of bacteria and clones.
>>In any case, if we weren't supposed to be able to make our own (if we
>>wanted) why would they be avialable through ATCC?   Kinda dumb to expect
>>that no one would obtain the clones and *not* make any of it...  Of course
>>the idea goes that what we get from companies would be cleaner more cost
>>effective that trying to make it ourselves.
>>It boils down that if I wanted to make it for my lab, I can.  If I then
>>wanted to sell what I made to the other labs on the hall, I would then
>>garner the wrath of Roche and all the others that already over charge us
>>for Taq as it is.
>>'bout every two years this discussion crops up...
>> David L. Haviland, Ph.D.
>> Asst. Prof. Immunology
>> University of Texas - Houston, H.S.C.
>> Institute of Molecular Medicine
>> 2121 W. Holcombe Blvd.
>> Houston, TX  77030
>> Internet:"dhavilan at"
>> Voice: 713.500.2413  FAX: 713.500.2424
>> ------------------------------------------------------
>>Never take life seriously. Nobody gets out alive anyway.

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