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Michael Crichton on Why Gene Patents Are Bad
BayaWeaver writes "Michael Crichton, author of The Andromeda Strain and Jurassic Park has made a strong case against gene patents in an op-ed for the New York Times. Striking an emotional chord, he begins with 'You, or someone you love, may die because of a gene patent that should never have been granted in the first place. Sound far-fetched? Unfortunately, it's only too real.' From there, he moves on to use logic, statistics, and his way with words to make his point. Arguing against the high costs of gene therapies thanks to related patents, he eventually offers hope that one day legislation will de-incentivize the hoarding of scientific knowledge. As he points out: 'When SARS was spreading across the globe, medical researchers hesitated to study it — because of patent concerns. There is no clearer indication that gene patents block innovation, inhibit research and put us all at risk.'"
Since his anti Global Warming book, he no longer appears to be as popular. In fact, I would guess that that little bit of political foley probably cost him dearly. Now, he comes up with something intelligent and I suspect that it will be easy for others to cast doubt on his arguments.
I prefer the "u" in honour as it seems to be missing these days.
I'm not sure I'm too keen on Michael Crichton after his comments about global warming. I don't think gene patents are a swell idea, but I'm not sure I'd hold up Crichton as an authority on scientific matters.
In a State of Fear!
The most compelling argument for me was this:
"Countries that don't have gene patents actually offer better gene testing than we do, because when multiple labs are allowed to do testing, more mutations are discovered, leading to higher-quality tests."
Making an economic argument, that other countries will gain an advantage over us, is the only way to convince the people who actually have the power to change the situation.
Hey this is genetics, I know this!
"I use a Mac because I'm just better than you are."
i don't think there is a better argument for prior art than that mother nature made it. but simply finding a gene in a fruit fly or an aneorbic bacterium is not ground to patent anything. and certainly simply finding a gene and elucidating its behavior in the human body is not grounds either. grounds for a nobel prize, but not grounds for exclusivity
obviously, not according to law, but obviously according to simple common sense
now, if in some future decade, scientists make a genetic sequence that has no similarity to anything in mother nature anywhere that is useful, i'd say they can patent that.... i said NO similiarity. it's not like you can change one base pair and claim you've done something novel right?
but patenting what already exists? is there no better example of greed undermining common sense? is there no greater absurdity in the relentless march of intellectual property law into insanity and evil in the name of the almighty buck?
ip law is important for rewarding creators and innovators. not researchers of what already exists. the reward for them is scientific, altruistic, academic, and intellectual. it's even rewarding financially, but not in the framework of patents
intellectual property law is philosophically incoherent. it is your moral duty to ignore it or sabotage it
Actually, 35 USC 102 already limits patents to a "process, machine, manufacture, or composition of matter". Facts of nature (such as the sequence of a gene) are not patentable -- though Congress in its infinite wisdon has declined to specificially add this to the law (as done in some countries). All that remains is for the court (that is, the CAFC) to actually care about the law.
Honestly, if you take this opinion further, you can see that all patents are bad -- when it comes to the general populace. Patents are a post-market solution to create scarcity of a supply of something. Scarcity is needed to increase the price per the supply/demand curve. By artificially making an item scarce, a higher demand will mean a higher price. Patents are uncompetitive, though, the absolute sole reason why certain monopolies exist.
Some will say that inventors won't invent without patents, but this is untrue if you look at the vast number of modern inventions that we use every day that have 10,000 parts that have expired patents and maybe 10-20 that are still patented. Look at cell phones -- each phone has some obscure patent pending, but the vast majority of phones are fairly identical, and yet there is still a HUGE market for phones. Why do inventors keep creating new phones if the majority of their parts are unprotected?
Some will say that drugs won't get invented, but if you look at the initial medical treatment market, we had doctors who actually wanted to help people by creating new drugs and allowing them to be manufacturered by others regardless of who invented it. Consider this: if you knew of 3 companies making the same new drug, who would you trust more? The company who spent years in clinical trials, showing you that their ingredients is safe, or the 2 companies who attempted to copy said drug through reverse engineering it -- possibly incorporating something unsafe? The same is true with any "invention" that isn't patented -- you decide what product you need based on the cost and the safety. Sometimes the less expensive product is less safe or less effective, something that isn't the case.
Gene patents are also ridiculous -- why should an artificial State-enforced monopoly be placed on something that obviously can be utilized better by a market of competitors. If you want to be cautious about your competition "stealing" your research, just start your own clinics that don't share their research with the open market. Call it DRM of genetic research -- don't share it with others, and the chance that they'll steal it is slim. For most companies, it would be more advantageous for them to purchase the information outright than try to "steal" it through corporate espionage. They can also work to develop their own solutions if they realize that you found a solution -- but that development will cost money and time, of course. Still, it would seem to be better for the public and all the various markets to have a competitive market for genetic research rather than a monopolistic one that keeps only a few companies in the top tier and the rest out of the business.
Genes are usually discovered, not invented. Most genetic treatment involves finding out what a gene is, how it works, and how it goes wrong. That's hardly a creative invention, is it?
Meta will eat itself
What I do not enjoy, however, is his political commentary. The same can be said for Orson Scott Card. Why is it that authors, singers, actors, etc feel the need to get political? Are we enveloped in a society where it is expected that if you have any leverage, you push your beliefs on other people?
To quote a speech of Crichton: Mr. Crichton, you're great at plot twists and you also happen to be great at political spin. Please keep to the former so I can remain a fan of yours. I like your position on this topic but you do not end your commentary well: How will this bill fuel innovation? You wrote in Jurassic Park that it is better to invest billions in a dinosaur theme park than to find a cure for AIDS. Why? Because you can't charge people anything you want for a cure for AIDS, that would be immoral. What if it was acceptable to charge a million dollars for a single dose of a cure? The benefit of medical research would sky rocket and I'm sure more money would go into development. My question is simply, how do you ensure that forcing parts of research to be open to the public won't prevent companies from dumping money into that research? If a company discovers and goes through the painstaking research of finding "natural genes" then why shouldn't they be able to profit off that?
I agree with you, but if you're going to comment on this, you must be prepared for the counter argument. "He's right." Simply won't suffice for me.
My work here is dung.
This is largely based on his book "Next", a pretty darn good novel based on what can go wrong when bio-patenting is taken to an extreme. Good book.
#include "standard_disclaimer.h"
The article summary should have at least mentioned his M.D. Some background info on him from Wikipedia:
He attended Harvard College in Cambridge, Massachusetts as an undergraduate, graduating summa cum laude in 1964. Crichton was also initiated into the honors organization Phi Beta Kappa. He went on to become the Henry Russell Shaw Travelling Fellow, 1964-65 and Visiting Lecturer in Anthropology at Cambridge University, England, 1965. He graduated at Harvard Medical School, gaining an M.D. in 1969 and did post-doctoral fellowship study at the Salk Institute for Biological Studies, La Jolla, California, in 1969-1970.
Sadly, we're living in the kind of society where celebrities need to tell us these sorts of things are bad.
Blerg.
When Michael Crichton writes a novel on global warming, he's an ignorant sensationalist.
When Michael Crichton writes an op-ed piece on gene patents, he's insightful and informed.
Just checking.
"As God is my witness, I thought turkeys could fly." A. Carlson
Science doesn't always go haywire like a Crichton novel. But I think its a useful exercise to image unintended side-effects.
Because the government here in the states has proven again and again that if you want funding to study global warming or evolution all you've got to do is step up with your hand out and they'll give you all the money you'll ever need.
Crichton cherry picked the research for his little global warming stance, intentionally skewing wherever possible. That's pretty much the opposite of "thoughtful research".
It's pretty much obvious to the whole world that things are getting warmer, and the vast majority of scientists from around the world are of the opinion that the change is related to human behavior. Even if you think they're wrong, you have got to take into account the fact that it's you against the whole fricking world, and while the world has been wrong before, that's the exception, not the rule.
ad logicam Claiming a proposition is false because it was presented as the conclusion of a fallacious argument.
The sad fact that he is slowly being ostrasized for his differing viewpoint a black eye on the science community.
Yeah, yeah, and it's real black eye on the scientific community that they aren't giving creationists and flat earthers a fair shake either.
Crichton's argument relied entirely on already disputed or disproven data, and furthermore he made wild, libelous accusations about the professional and ethical motives of climate scientists. Why exactly should anyone take seriously the arguments of a man who didn't do his research and calls you a member of a global conspiracy to hide "the truth?"
If it's for-profit but free, you're not the customer -- you're the product (e.g., the Slashdot Beta's "audience").
At the danger of being modded O/T, I'm going to post some of the research I did regarding medical patents in general.
/.ers to help refine the details. You're always good at spotting holes in arguments, and I'd love to find them to see if they can be plugged.
I'm against patents for medical technology, because the incentives to the drug companies barely match the desires of the patients. As I recently showed in my blog, only 14% of drug revenue goes towards R & D, half of this 14% is wasted by looking for new drugs which don't treat diseases better than old ones (but are patentable, hence profitable), and the remaining 7% funds research skewed towards untested, patentable treatments even if well-known drugs might do as good or better a job. We've set up incentives for drug companies to find patentable tech they can then market to us. I think we need an entirely new incentive system, and I think we can do it and still have a free-market-friendly environment for research companies.
In this blog post, I outline a way for drug companies to get rewarded based on how much good their research does for humanity, using an Mprise-like system. Companies would get rewards proportional to how much better their treatment was shown to be over the current best treatment.
I have some ideas on how to implement this system so that everybody wins (yes - everybody - don't forget the parable of the broken window), but I would love some input from
Thanks!
Expected time to finish is 1 hour and 60 minutes.
You need to be more familiar with Supreme Court rulings:
Diamond v. Chakrabarty, 1980
If it's for-profit but free, you're not the customer -- you're the product (e.g., the Slashdot Beta's "audience").
>Scientists should always question
Have you ever seen a paper come back with comments from the referees?
>The sad fact that he is slowly being ostrasized for his differing viewpoint a black eye on the science community
Notice how the conclusions of climatologists are data-driven? Under a much more environmentalist US administration, they were still coming up with "we don't know yet but we know this is possible". With active hostility from funding sources, but with more field data, the state of the field now lets them say "very likely" there's human-caused climate change.
We keep hearing that there's some kind of groupthink among climatologists. It would be a logical fallacy to point out that we keep hearing it because self-interested people are using endless repetition as a propaganda technique: it might still be true. But a single logical thought demolishes the idea:
What kind of "groupthink" is it that tells you they don't know whether it will be 1.4 or 5.8 degrees C of increase, tells you the probability that they're wrong about human causation, and argues in public about why Greenland is melting faster than they had predicted?
"If you disagree with this article, then you're a child molester."--M.C.
"The US pharmaceutical industry is one of the strongest in the world, and perhaps that can be attributed to its enforcement of the intellectual property laws."
I would attribute it to the strength of our academic research facilities. I'm no expert but I've seen many times drugs developed most of the way by publicly funded universities and then industry buys the rights for a pittance and does the clinical trials. Also having everyone in this country convinced there are magic pills that will solve all of their problems doesn't hurt profits... (witness their advertising)
I think you're wrong in comparing the two. That case involves something that was manufactured, not discovered. Chakrabarty developed a new bacterium, capable of breaking down crude oil for use in oil spills. He didn't just discover it, he engineered it. There's a big difference.
Two Minus Three Equals Negative Fun -Troy McClure
...or (and this one will sound really crazy to politically polarized Americans) just maybe it's possible for people to have a combination of opinions that don't line up with the dogma of either the left or the right wing.
Support Right To Repair Legislation.
I was curious about that claim, so I read the speech that's from. He doesn't back that figure up (imagine that!), but presumably he's referring to the 1972 ban on DDT and subsequent deaths from malaria in developing nations. This ignores the fact that DDT was only banned in the US and that it's efficacy had been diminishing since the 50's as mosquitoes became more resistant. Some good info here:
http://info-pollution.com/ddtban.htm
Never let a lack of data get in the way of a good rant.