1/5 of All Human Genes Have Been Patented

mopslik writes "A story on National Geographic News cites a study claiming that 20% of all human genes 'have been patented in the United States, primarily by private firms and universities.' While universities hold 28% of all gene-related patents, 63% belong to private firms, with a whopping 2000 patented genes (approximately 67%, or 50% total) belonging to a single firm." From the article: "You can find dozens of ways to heat a room besides the Franklin stove, but there's only one gene to make human growth hormone ... If one institution owns all the rights, it may work well to introduce a new product, but it may also block other uses, including research ..."

Comments

Correction

[mopslik]

Whoops. I realized after hitting "Submit" that I had mixed the "more than 4000 genes" and "20% of 24000 genes" (=4800) in my percentages. Using 4800 as the estimated number of gene-related patents, more accurate numbers are:

Universities: 28% of all gene-related patents
4800*0.28=1344 patents held

Private firms: 63% of all gene-related patents
4800*0.63=3024 patents held
2000/3024 = 66% of all firm-held patents held by Incyte
2000/4800 = 41.6% of all gene-related patents held by Incyte (not 50% as stated)

Re:Correction

[Impy the Impiuos Imp]

On the other hand, in 17 years they will all be free game again. More likely than not not too much will be able to be taken advantage of before then.

Re:Correction

[CyricZ]

Unless the patent term is extended some time before then. And then they will still be encumbered.

Re:Correction

[MindStalker]

Good to see someone asking this question. A gene patent is actually a patent on the method they use to detect the gene (essentially detection is done through a mirror DNA sequence if it sticks its what you where looking for). There really is no patent on that actual gene, but if you can't create this mirror sequence to bind DNA to the detectors there is no real way to do much medical research on it and you have to pay licensing fees to the discover of the gene for the rights to detect and use it. Now know that the patent will end some day.

So....

[i.r.id10t]

So... which one of us meat popsicles gets to claim "prior art" first?

This Just In

[Dark Paladin]

God, aka "The Supreme Being", "The Intelligent Designer" and "Don't Fuck With Me Pip-Squeaks" recently filed claim in federal court for patent infringement. He/She/It/They claim that patents regarding the human genome violate He/She/It/Their's intellectual property laws.

"Good grief, you little monkeys are an annoying lot," God was quoted as saying. "Between this and that jackass Jack Thompson, I'm going to have to fire up another hurricane."

Comments from the defendants were not returned at the time of this filing, as they had all turned to salt.

Re:Wait wait, what the hell?

[cpu_fusion]

Clippy: I see you are trying to apply logic to the patent system.
Would you like to:
1. Take bong hits until this makes sense
2. Shoot self to save time
3. Hey look over there, a shiny pebble!

Re:Wait wait, what the hell?

[arkham6]

When I was taking a business trip once, I sat next to a man who turned out to be a lawyer for a biochemical company. How he explained this to me was that the genes that are being patented are not the 'native' gene that is in every human,but a 'purified' version of the gene that has extranious garbage taken out.

So CGDAAADAACG that you may find in nature, you get CGAAAAACG, since the D enzyme are considered garbage in this example.

I asked him if they really knew that the D enzyme was really garbage, and he said that they did not, but they were fairly confident it didnt do anything.

Re:Wait wait, what the hell?

[confusednoise]

If you have a "D" in your nucleotide sequence, I suspect you have bigger problems than just patent issues ;-)

Hint: The only bases in use in Earth DNA are Adenine, Cytosine, Guanine and Thymine (ACGT).

It's not just patenting gene sequences

[jfengel]

The name "gene patents" is a bit hysterical. The USPTO Guidelines say, "If a patent application discloses only nucleic acid molecular structure for a newly discovered gene, and no utility for the claimed isolated gene, the claimed invention is not patentable. But when the inventor also discloses how to use the purified gene isolated from its natural state, the application satisfies the ``utility'' requirement. That is, where the application discloses a specific, substantial, and credible utility for the claimed isolated and purified gene, the isolated and purified gene composition may be patentable."

So it's not just the DNA sequence that they're patenting; it's the DNA sequence plus a description of how to use it. Not just your body using it, but a technological invention outside your body.

It still seems like an awful lot of store to give away. The idea is that isolating and understanding the functions of genes is expensive, so to encourage people to do it they're giving away rights to use the results of that research (i.e. more than just props for being the first to describe it.)

But no, you can't sue somebody for having children; the use of the gene in its natural state (i.e. you) isn't patentable. Producing the same chemical as a medicine is There's a long history of getting patents on stuff you find in nature and putting a use to it; they cite a patent on adrenaline. You didn't lose right right to get excited, but you couldn't bottle up the output of your adrenal gland without coming up against their patent.

I'm not defending it; I'm just explaining it.

The Right to Keep and Bear Arms

[yintercept]

RE: "The Right to Keep and Bear Arms"

FYI, the genes that create arms are now the property of Sybiotic Genes Operations (SGO) based in Lindon, Utah. While people who currently have arms will be allowd to keep and bear them (According the Constitution) the SGO Group asks that all people who are currently in the process of growing arms (infants and children) pay a reasonable licensing fee for the use of the genes used to grow said arms.

Or more generally...

[Dr.Dubious DDQ]

"All Your Base-Pair Are Belong To Us"