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
Pre-existing DNA sequences are not like software. Software is an algorithm developed to perform a specific function or to solve a problem. DNA is more like a computer language. Even then, the computer language was developed by someone or a group of people, unlike DNA which existed before people discovered it. Software is more like a process for producing something. However though it processes data, or produces information, it is not likely to produce anything physical. Software is an intellectual or artistic work and can be protected by copyrights. The Technology/process used to produce or develop software may be patented. You can patent a Process or Invention, not discoveries.
If they were to follow the patenting of discoveries to its logical conclusion, then I could patent air, the sun, stars, the moon, gravity,... as things I discovered, just like the research labs, doctors, and lawyers are doing when they discover gene combinations. Even though this is obviously wrong, it is being done because of an interpretation of a ruling that allows scientists, reseach labs, laweres, or just about anyone, to patent viruses and bateria that they create to do specific things such as using bacteria to produce insulin, or using a modified virus for injecting an immune system into infants born without one. The patent office concluded that the only way to protect the bacteria and viruses that they had been created was to patent the DNA, and I agree to some extent; however, we are talking about patenting the invention which happens to be the DNA sequence that was probably discovered for the immune system, and was combined with an existing DNA sequence--in my example, the basic virus or bacteria.
As far as intellectual property goes, there are a plethora of things that fall under common knowledge, such as "for loops" or sorting routines, that can't be copyrighted.
Finally there is the idea that somethings will do or currently does the world so much good that it can't be copyrighted with the intent of making money, or impeding its use. This would include "air-bags", and vaccines for such things as polio. We see this in the software field with "Open Source" or "Copy Lefted" copyrights.
Patents are for thing that may contain DNA, or for DNA sequences which are original works. The problem with "original works", is of course proving it, thus giving more weight to the argument of excluding DNA from Copyrighting/Patenting.
Slashdot Mirror
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
Pre-existing DNA sequences are not like software. Software is an algorithm developed to perform a specific function or to solve a problem. DNA is more like a computer language. Even then, the computer language was developed by someone or a group of people, unlike DNA which existed before people discovered it. Software is more like a process for producing something. However though it processes data, or produces information, it is not likely to produce anything physical. Software is an intellectual or artistic work and can be protected by copyrights. The Technology/process used to produce or develop software may be patented. You can patent a Process or Invention, not discoveries.
... as things I discovered, just like the research labs, doctors, and lawyers are doing when they discover gene combinations. Even though this is obviously wrong, it is being done because of an interpretation of a ruling that allows scientists, reseach labs, laweres, or just about anyone, to patent viruses and bateria that they create to do specific things such as using bacteria to produce insulin, or using a modified virus for injecting an immune system into infants born without one. The patent office concluded that the only way to protect the bacteria and viruses that they had been created was to patent the DNA, and I agree to some extent; however, we are talking about patenting the invention which happens to be the DNA sequence that was probably discovered for the immune system, and was combined with an existing DNA sequence--in my example, the basic virus or bacteria.
If they were to follow the patenting of discoveries to its logical conclusion, then I could patent air, the sun, stars, the moon, gravity,
As far as intellectual property goes, there are a plethora of things that fall under common knowledge, such as "for loops" or sorting routines, that can't be copyrighted.
Finally there is the idea that somethings will do or currently does the world so much good that it can't be copyrighted with the intent of making money, or impeding its use. This would include "air-bags", and vaccines for such things as polio. We see this in the software field with "Open Source" or "Copy Lefted" copyrights.
Patents are for thing that may contain DNA, or for DNA sequences which are original works. The problem with "original works", is of course proving it, thus giving more weight to the argument of excluding DNA from Copyrighting/Patenting.