Genetic Patents: Is It OK to Patent Human Nature?
Several gene research groups have taken legal action against Myriad Genetics & Laboratories, the University of Utah, and the United States Patent and Trademark Office in an ostensible attempt to end human gene patenting in the United States. The suit centers around two human genes with ties to breast and ovarian cancer for which the University was granted seven patents and licensed them to Myriad.
The objective of the plaintiffs appears to be to reverse over 20 years of precedent providing for the allowance of patents on human genes. Thousands of patents have been issued on human genes and a victory for the gene research groups would result in a seismic shift in the legal landscape.
I think that we should carefully scrutinize what we consider to be patentable human gene processes. However, I strongly believe that innovation should be rewarded, and that access to technology should have minimal limits. Researchers should be fairly compensated for their efforts and the public should also enjoy the benefits of progress.
Eliminating the potential for patents altogether would remove a considerable incentive for entities to invest R&D money into exploratory projects, and ironically may prevent breakthroughs from occurring in the first place. On the other hand, it is important to ensure that people aren’t excluded from the use of new gene technology to the point that public health suffers. For that reason, it is critical that both advancement and access are maximized!
Do you think human genes should be patentable? Please post your comments or contact me to discuss!
