Patenting of Genetic Innovations in Animal Breeding and Genetics

While herdsmen have practiced the art of animal breeding since the beginning of domestication of livestock, the science of animal breeding is just now entering its second century. From its roots in Mendelian inheritance to the developments in quantitative genetics our field has grown to include modem molecular sciences. The practical applications of the field have been to genetically improve the animals that produce eggs, meat, milk and other products of economic value. Animal breeding as commerce has always "protected" its endeavors commercially by developing breed societies and using pedigrees to protect the intellectual property developed by the master breeders or by forming companies and holding germplasm. The advent of molecular biology, sequencing of genomes and the development of cloning, have brought with them vast sums of money that have been invested to genetically improve animals. With these investments have come the expectation, by companies, of increased rewards and the reality that technical improvements must be protected. The purpose of this paper is to discuss forms of intellectual property, in particular patents and patent law, and to suggest ways it might impact the field of animal breeding and genetics.