Jurassic Patent: Colossal Biosciences’ Effort to Claim Ownership of the Woolly Mammoth
Revive & Restore, a de-extinction organization based in Sausalito, California, is dedicated to reviving the passenger pigeon and asserts that these birds should not be subject to intellectual-property claims. “Revive & Restore will not be patenting de-extinct passenger pigeons,” states Elizabeth Bennett, a spokesperson for the organization. They envision that upon successfully reintroducing the species, the birds will be “protected under existing wildlife laws,” Bennett explains.
Even some genetic engineers involved in the mammoth project, initiated over a decade ago at Harvard University, have mixed feelings about patenting de-extinct animals. Cory Smith, who is now a biotech executive, was a student when he assisted in preparing an earlier patent application regarding engineered elephants, which the university filed in 2021. “I am not sure it should have an owner,” Smith reflects. “I have always leaned toward the belief that perhaps the animals shouldn’t be patented.”
During its recent media outreach, Colossal was cautious not to disclose the specific genetic modifications made to its wolves, indicating to advisors that they must keep this information confidential for “intellectual-property reasons.” This decision hindered outside scientists from fully evaluating the experiment and also would have enabled Colossal to present the information to the patent office, as details already disclosed to the public cannot be patented.
In response to emailed inquiries, Lamm initially avoided confirming whether Colossal had filed a patent for the transgenic wolves, akin to the one related to the “mammoth.” This is a delicate matter, as such a patent would imply that the canids are classified as articles of commerce, rather than being recognized as wild creatures restored to their “rightful place in the ecosystem,” as the company stated.
“We take a thoughtful approach to intellectual property that balances scientific advancement with sustainable business practices,” Lamm communicated in his initial response. “What’s important to understand is that any IP protection would be confined to specific technical methods and innovations we’ve developed—not the genetic heritage of extinct species themselves. We view ourselves as stewards of this science rather than owners of these magnificent creatures.”
The pending mammoth patent presents a notably different scenario. First filed in 2023, it is entitled “Woolly mammoth specific gene variants and compositions comprising same” and includes a list of 29 claims that aim to control both a significant array of mammoth gene variants and the animals possessing that genetic code.
