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Genetics and Health

Michael Crichton on Patenting Life

by Hsien Hsien Lei, PhD on February 13th, 2007

NextIn today’s issue of the International Herald Tribune, Michael Crichton wrote Who owns your genes? Patenting life. Here’s an excerpt:

In the United States, gene patents are now used to halt research, prevent medical testing and keep vital information from you and your doctors. Gene patents slow the pace of medical advance on deadly diseases. And they raise costs exorbitantly: A test for breast cancer that could be done for $1,000 now costs $3,000.

Why? Because the holder of the gene patent can charge whatever he wants, and does. Couldn’t somebody make a cheaper test? Sure, but the patent holder blocks any competitor’s test. He owns the gene. Nobody else can test for it. In fact, you can’t even donate their own breast cancer gene to another scientist without permission. The gene may exist in your body, but it’s now viewed as private property.

It’s basically a rehash of the arguments from his latest book, Next. He makes some important points but if gene/DNA patents are truly on the decline, his concerns may be moot before too long.

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POSTED IN: Genetics and the Law

4 opinions for Michael Crichton on Patenting Life

  • Kristen King
    Feb 14, 2007 at 7:55 pm

    Forgive me for being dense, but I simply don’t understand how anyone can patent a gene. Just because you discover it or elucidate its role in fill-in-the-blank doesn’t mean you should be able to get a corner on the whatever-gene-it-is market. How on earth is that scientific progress? It seems just the opposite to me.

    kk

  • Andrew Chin
    Feb 16, 2007 at 1:26 am

    Crichton’s knowledge of patent law is spotty, but he’s on the right side of the debate. For a more detailed discussion, please see my blog.

  • Hsien Hsien Lei, PhD
    Feb 19, 2007 at 11:06 pm

    Kristen: I can see what camp you belong to. ;) The argument is that it takes a lot of work to sequence genes and figure out what they do. Companies wouldn’t have incentive to do so unless they get the rights to how the genetic information is used. But enforcing such gene patents is pretty darn hairy.

    Andrew: Thank you for dropping by and leaving the link to your blog!

  • Kristen King
    Feb 20, 2007 at 2:09 am

    Heh heh, I didn’t know that I’d aligned myself to a camp, but I can see how that happened. It just weirds me out that someone owns the patent to something that has been part of my body since my conception. It’s disquieting.

    kk

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