Patenting Genes
The International Nucleotide Sequence Database Collaboration (INSDC) announcement that over 100 gigabases of DNA and RNA information are now freely available for anyone to utilize, made me wonder how large corporations and other groups who are interested in patenting genes and related material are reacting to the news.
Without a doubt, patents are key to innovation. Without them, inventors would get little credit–monetary or otherwise–for their work. Patents encourage people to invest their time and resources to developing new products from which we all benefit. But sometimes patents are awarded to some of the most ridiculous “ideas”: motorized ice cream cone and birthday cake candle extinguisher to name just a few.
In the case of gene patents, the concerns are much more serious than just frivolity and waste of taxpayers’ money. Aside from whole genes, gene fragments, SNPs, gene tests, proteins, and stem cells are all theoretically subject to patent. Developing countries with gene-rich resources are particularly vulnerable to the costs incurred from using patented genetic material.
In an editorial published in The Rising Nepal, the author expressed concern over bio-piracy.
To control bio-piracy, many developing countries are demanding “disclosure requirement” as a positive obligation on the patent applicants, making it mandatory to disclose the source or country of origin of genetic resources and associated traditional knowledge.
[A disclosure requirement is] a critical tool for gene-rich countries to track down applications based on genetic resources and related traditional knowledge, and enable adequate challenges to specious patents.
Ethical, medical, scientific, and commercial interests complicate the issue of patenting genes. Many scientists believe that DNA information should remain open access, which is why collaborations like the INSDC are in a race with big pharmas and biotech companies to sequence and characterize the genomes of humans and other organisms.
Here are some of the arguments for and against gene patents from the Human Genome Project: What are some of the potential arguments for gene patenting?
- Researchers are rewarded for their discoveries and can use monies gained from patenting to further their research
- The investment of resources is encouraged by providing a monopoly to the inventor and prohibiting competitors from making, using, or selling the invention without a license.
- Wasteful duplication of effort is prevented.
- Research is forced into new, unexplored areas.
- Secrecy is reduced and all researchers are ensured access to the new invention.
What are some of the potential arguments against gene patenting?
- Patents of partial and uncharacterized cDNA sequences will reward those who make routine discoveries but penalize those who determine biological function or application (inappropriate reward given to the easiest step in the process).
- Patents could impede the development of diagnostics and therapeutics by third parties because of the costs associated with using patented research data.
- Patent stacking (allowing a single genomic sequence to be patented in several ways such as an EST, a gene, and a SNP) may discourage product development because of high royalty costs owed to all patent owners of that sequence; these are costs that will likely be passed on to the consumer.
- Because patent applications remain secret until granted, companies may work on developing a product only to find that new patents have been granted along the way, with unexpected licensing costs and possible infringement penalties.
- Costs increase not only for paying for patent licensing but also for determining what patents apply and who has rights to downstream products.
- Patent holders are being allowed to patent a part of nature –a basic constituent of life; this allows one organism to own all or part of another organism.
- Private biotechs who own certain patents can monopolize certain gene test markets.
- Patent filings are replacing journal articles as places for public disclosure –reducing the body of knowledge in the literature.
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POSTED IN: Genetics and the Law
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