Gene Patents

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Gene Patents

• Wesley Tansey

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Contents

• What are genes?
• What are patents?
• What are gene patents?
• History of gene patents
• Gene patent pros
• Gene patent cons
• My stance

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What are genes?

• Subsequences of DNA
• Represented using 4 characters ACTG,
  corresponding to 4 nucleic acid types
• Nucleic acids become proteins which form the
  foundation for genetic traits

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What are patents?

• Allow inventors to protect their creations
• Patents granted by the U.S. Patent and Trademark
  Office
• 4 criteria
• Useful (must have purpose)
• Novel (not known or used before filing)
• Nonobvious (not just an easy improvement)
• Sufficiently described (enough to allow one
  skilled in the field to use it)

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What are gene patents?

• Patents on a sequenced segment of a genome (or
  fragments in some cases)
• 4 criteria1
• Identify novel genetic sequences
• Specify the sequences product
• Specify how the product functions in nature
• Enable one skilled in the field to use the
  sequence for its stated purpose
• Criteria from the Human Genome Project,
  http//www.ornl.gov/sci/techresources/Human_Genome
  /elsi/patents.shtml

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History of gene patents

• Until 1980, all life forms were considered a part
  of nature and thus in the public domain
• 1980 Diamond v. Chakrabarty
• Chakrabarty modified a bacteria to create an
  oil-dissolving microbe
• 5 to 4 in favor of Chakrabarty
• Patentable because the bacteria did not occur
  naturally
• Opened the flood gates for biological patents
• Estimated 125,000 pending gene patents.
• Some companies have over 15,000 patents pending

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Gene patent pros

• Provides immediate financial reward for
  researchers
• Gives companies an incentive to continue
  researching
• Forces research into new territories

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Gene patent cons

• Could impede research and development due to
  licensing costs
• Private companies who have patents can monopolize
  certain gene testing markets
• Reduces public knowledge (People are applying for
  patents instead of publishing in journals.)
• DNA and genes are a basic part of nature
• The list goes on

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My stance

• I definitely side with the anti-patent side.
• If the entire human genome were patented by
  different companies, it would kill small (e.g.
  undergraduate) research projects
• My solutions
• Would prefer to ban all biological patents (not
  feasible)
• Special patent legislation for gene patents
• Allow companies to collect licensing only for
  products produced from their sequenced
• Shortened patent lifetime (1-2 years), so as to
  produce incentive for drug companies