[Texas Fossil]

Don't know the details but this sounds like the mess that W.R. Grace got into over the "neem" oil insecticide. Patent on that one was granted in U.S. to be overturned by foreign courts due to "prior art" claims.

Licensing life forms and naturally occuring compounds seems insane to me. If you did not "create it" how can you patent it?

[E. Pluribus Unum]

If you did not "create it" how can you patent it?

My lawyer's bigger than your lawyer.

[a fool in paradise]

[GeronL]

I am sure its open source after 1000 years

[Red Badger]

[a fool in paradise]

However, Indian activists claim that the patent is bogus because the ingredients -- including clove oil, camphor, black pepper and spearmint -- have been used for the same purpose for hundreds, “if not thousands,” of years on the subcontinent.

Add more Red Dye #2 then. That's artificial.

[GSWarrior]

This buzz over this story has yet to crest. I bet lawyers on both sides have a gleam in their eyes.

[WayneS]

“Best if Used By Oct. 21, 955”

[Still Thinking]

Colgate Accused of Stealing Thousand-Year-Old Toothpaste

If I had 1,000 year old toothpaste and someone stole it I'd probably send him a thank you card. Shoot, I can't eat stuff that's been in the fridge for two weeks.

[Moltke]

If you did not "create it" how can you patent it?

When you find a novel and non-obvious (patent law terms) application for a known substance you can obtain a valid patent for that particular application. Happens quite often in the field of medicine, for example.

Simplifying, there are two types of patent claims: Device/substance claims and method/application claims.

In fact, the great majority of patents are granted for claims that build on known matter. One further, distinguishing feature may be enough for patentability. Do not ever expect any "journalist" to "get that".