Patented genes

laelene Posted in general blog,Tags: ,
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I watched a 60 Minutes video on companies that own patents to certain genes, in particular the “breast cancer genes” – the ones that are closely tied with whether or not a woman is more or less likely to develop breast cancer.  Is it wrong for companies to be able to “own” genes?  I definitely think so.  My understanding is that patents are to protect ideas and inventions, of which neither can be laid claim to in this case.  However, I do think they can patent the processes in which they discovered these genes (if, of course, they actually came up with these methods and didn’t use someone else’s).  After all, what right do they have to own something within our very bodies?

This legal terminology wouldn’t really matter too much if it didn’t have the real-life implications it does.  Women who want to get tested for the breast cancer gene can only do so through Myriad, the company with those patents.  They can’t even get a second or third opinion!  Oh, and let’s not forget that having the monopoly on testing means they set the price – which is estimated to be ten times what it could be if they had competition.  Nobody else is allowed to test for or even look at this gene without approval.  Now that’s just ridiculous.  How are we supposed to be able to come up with solutions to battle breast cancer at the cellular level if you can’t even look at the genes involved?!  A restriction like that halts research that would save so many lives.  After all, the more people working towards a common goal, the better chances of breakthroughs.

Their argument is that the genes are something different when isolated – but can you create them yourself?  NO.  Hence, I think they have no right to claim ownership of it.  As far as I know, every single patented thing up until now has been something conceived of from the human mind or created by humans artificially.  And if that’s not the case, it should be.  After all, everything in nature was nothing created by us, and should not be owned by any of us.

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