The open-source movement, which has encouraged legions of
programmers around the world to improve continually upon software
like the Linux operating system, may be spreading to biotechnology.
Researchers from Australia reported in a scientific journal
on Thursday that they have devised a method of creating genetically
modified crops that does not infringe on patents held by big
biotechnology companies.
They said the technique, and a related one already used in
crop biotechnology, would be made available free to others to
use and improve, as long as any improvements are also available
free. As with open-source software, the idea is to spur innovation
through a sort of communal barn-raising effort.
In their paper, published in the journal Nature, the researchers
said that they had modified three types of bacteria so they
could be used for transferring desirable genes into plants and
that they had inserted genes into three plants - rice, tobacco
and Arabidopsis, a weed often used in lab experiments.
The new technology-sharing initiative, called the Biological
Innovation for Open Society, or BIOS, is the brainchild of Dr.
Richard A. Jefferson, chief executive of Cambia, a nonprofit
Australian research institute. Both Cambia and BIOS are supported
by the Rockerfeller Foundation.
The people behind the initiative say that patents covering
the basic tools for genetically engineering plants - which are
controlled by companies like Monsanto, Syngenta and Bayer CropScience
- have impeded the use of biotechnology in developing countries
and also in smaller-acreage crops, like vegetables, in the United
States.
The issue has become a larger one in recent years as agricultural
research has increasingly shifted from a public-sector activity
involving governments and universities to a private-sector one
led by companies.
Dr. Gary Toenniessen, director of food security at the Rockerfeller
Foundation in New York, said Jefferson "has come up with
two technologies that basically engineer around two of the tools
that the companies really have control of and that are a major
constraint in applying biotechnology to crop improvement."
Spokesmen for Monsanto and for Syngenta, a European company,
said they welcomed public innovation and had made contributions
of data and technology to help improve crops in developing countries.
But Toenniessen said there was often red tape involved and
the process did not always work. He said, for instance, the
specialists in some Asian countries want to grow varieties of
insect-resistant rice developed at American universities. But
that cannot be done yet, he said, because the universities were
granted rights by the patent holders to use the technology only
for research, not for commercial purposes.
The main technique now used to splice nonnative genes into
plants relies on Agrobacterium tumefaciens, a soil-dwelling
microbe that in its natural forms causes crown gall disease
by inserting its own genes into plant cells. Biotechnologists
remove some of the disease-causing genes from the bacterium
and insert genes they want added to the plant, such as those
providing resistance to insects or herbicides. The technique
is covered by various companies' patents.
Jefferson and other researchers at Cambia have modified other
types of bacteria so they cal also ferry genes into plants.
They did this by transferring the necessary DNA from the Agrobacterium
into the other bacteria through a natural mechanism that microbes
use to exchange genes.
Whether this technique, called TransBacter, would withstand
a patent challenge is till unclear, although Jefferson, who
has compiled a database of life-science patents, says he is
confident it would.
There are limits to the usefulness of the new technique, because
it is not yet highly efficient, and measures beyond gene transfer
are required in making biotechnology crops. But one of those
measures, a marker system so scientists can tell which plant
cells take up the foreign genes, is also being made available
by BIOS.
Jefferson said that if scientists worldwide get behind a collective
research effort, the new genetic-engineering technique would
be quickly improved and new tools developed, just as programmers
everywhere are constantly sending fixes and upgrades to Linux
and other open-source software programs.
He said that while he wanted to provide competition for Monsanto
and other companies just as open-source software did with Microsoft,
he hoped that some companies might use the technology. The more
corporate participation, the more likely is corporate sponsorship
of his foundation.
Jefferson said that while users of the gene-splicing technology
would be required to put any improvements they made into the
common pool, companies and universities would be allowed to
patent any products they made using the technology, like a genetically
modified crop.
BIOS is one of several efforts aimed at more open biotechnology
development. Software used for biological analysis have been
developed using open-source methods and certain databases, including
the one containing the human genetic code, are freely available.
Scientists at the Massachusetts Institute of Technology have
been trying to create a catalog of biological components that
others could use to impart novel functions into cells. But BIOS
seems to be the first instance of applying the model to a laboratory
technique.
There are factors that could make it more difficult for the
open-source approach to catch on in biology than in software.
Writing software usually requires just a computer and a desk,
while biological research requires advanced equipment and can
be much more expensive.
Patents also seem more important in spurring innovation in
biotechnology than in software, said Arti Rai, a professor of
law at Duke University. For that reason, Rai said, it was probably
wise of Jefferson to allow crops developed using the tools from
BIOS to be patented.
"It's a creative way of thinking how to maintain a commons
in the biological research space," she said.