Should DNA be Patentable?
nexex writes: "This story seems brings the patent debate home; specifically, should a company or person be able to 'own' your DNA? Obviously researchers want to profit from their discoveries, thus funding new research. But critics counter they are profitting at the expense of our health, citing restrive screening licenses for things such as breast cancer and Alzheimer's. Citing a figure from a UK activist group, 500,000 gene or gene sequence patents have been applied for worldwide. Another excellent article on this issue from Salon.com was from a couple years ago."
Jesus, what a horrible idea. The US Patent Office's record of granting patents in the IT world shows they have NO grasp of technology, how on earth would they handle something as complex as DNA?
So what happens if you patent DNA and then a human being is produced in violation of that patent? Will this person simply be destroyed? Even if they're a baby or 10 years old, or whatever?
I am a genetic and legal laymen. So here is a "typical citizen" question: Can you patent scientific discovery?
Examples:
Could Albert Einstein patent the Theory of Relativity?
Could Galileo patent the stars he found?
How, again to a laymen, are these any different than discovering certain DNA sequences?
There is no longer anything that can be done with computers that is nontrivial and clearly legal. -- Paul Phillips
We understand your point but your belief that is OK to patent a gene, is wrong. Basic Definition of the word gene as taken from Dictionary.com A hereditary unit consisting of a sequence of DNA that occupies a specific location on a chromosome and determines a particular characteristic in an organism. Genes undergo mutation when their DNA sequence changes. More detailed info from ...
The Columbia Encyclopedia, Sixth Edition. 2001.
gene
the structural unit of inheritance in living organisms. A gene is, in essence, a segment of DNA that has a particular purpose, i.e., that codes for (contains the chemical information necessary for the creation of) a specific enzyme or other protein. The strands of DNA on which the genes occur are organized into chromosomes . The nucleus of each eukaryotic (nucleated) cell has a complete set of chromosomes and therefore a complete set of genes. Each gene provides a blueprint for the synthesis (via RNA) of enzymes and other proteins and specifies when these substances are to be made (see nucleic acid ). Genes govern both the structure and metabolic functions of the cells, and thus of the entire organism and, when located in reproductive cells, they pass their information to the next generation. 1
Chemically, each gene consists of a specific sequence of DNA building blocks called nucleotides. Each nucleotide is composed of three subunits: a nitrogen-containing compound, a sugar, and phosphoric acid. Geometrically, the gene is a double helix formed by the nucleotides. Gene loci are often interspersed with segments of DNA that do not code for proteins; these segments are termed "junk DNA." When junk DNA occurs within a gene, the coding portions are called exons and the noncoding (junk) portions are called introns. Junk DNA makes up 97% of the DNA in the human genome, and, despite its name, is necessary for the proper functioning of the genes. 2
Each chromosome of each species has a definite number and arrangement of genes. Alteration of the number or arrangement of the genes can result in mutation. When the mutation occurs in the germ cells (egg or sperm), the change can be transmitted to the next generation. Mutations that affect somatic cells can result in certain cancers. 3
The scientific study of inheritance is genetics . The genetic makeup of an organism with reference to its set of genetic traits is called its genotype. The interaction of the environment and the genotype produces the observable attributes of the organism, or its phenotype. The sum total of the genes contained in an organism's full set of chromosomes is termed the genome. Scientists are working toward identifying the location and function of each gene in the human genome (see Human Genome Project). The decoding of the first free-living organism (a bacterium, Hemophilus influenza) was completed in 1995 by J. Craig Venter and Hamilton Smith. 4
See also gene therapy; genetic engineering.
You can patent a method of manipulating or turning off/on genes. You can even patent the new technology or processes that you developed to discover the gene, but as previously stated, scientist, reseachers, ...etc, can discover a particular gene, but it is not an original process or something original that they created or developed. Now, pehaps if they created a completely new gene or sequence of DNA, and could prove it, they might have something, but it would probably fall under copyrights, not patents.
The whole idea of introducing patents into an area that brings so many benifits to all is wrong. Also, advancement in this field of study relies on the sharing of information. Many of the private companies which are patenting genes have used the publicly developed and shared information, including techniques, to attain their gene discoveries.
Also some things that are invented are too important to mankind to put a price on, though I do believe in giving credit where credit is due.
Check out the stories at CBS NEWS. Search for DNA Patent