Can Human Genes Be Patented?
By Nina Totenberg | NPR
Same-sex marriage got huge headlines at the Supreme Court last month, but in the world of science and medicine, the case being argued on Monday is far more important. The lawsuit deals with a truly 21st century issue — whether human genes may be patented.
Myriad Genetics, a Utah biotechnology company, discovered and isolated two genes — BRCA 1 and BRCA 2 — that are highly associated with hereditary breast and ovarian cancer. Myriad patented its discovery, giving it a 20-year monopoly over use of the genes for research, diagnostics and treatment. A group of researchers, medical groups and patients sued, challenging the patent as invalid.
There is no way to overstate the importance of this case to the future of science and medicine. In the view of Myriad and its supporters in the biotech and pharmaceutical industries, patents are the keys to making these medical discoveries possible. Their opponents, including leading medical groups and Nobel Prize-winning scientists, contend that Myriad’s patent improperly puts a lock on research and medical diagnostic testing.
The U.S. patent system, authorized in the Constitution, gives temporary economic incentives to inventors to advance science. The general rules of the patent system have been established in statutes and Supreme Court case law for over 150 years. You can’t patent a product of nature or a law of nature. It doesn’t matter that the task was difficult or costly. Nature is immune to patents. So, even though it may have taken Einstein a long time to figure out that E=mc2, he couldn’t have patented that law of nature.
’Could You Patent The Sun?’
Until relatively recently, much of the medical profession disdained patents, except as a means to ensure quality. When Dr. Jonas Salk, the inventor of the revolutionary polio vaccine, was asked in 1955 whether he had a patent on the vaccine, he replied, "There is no patent ... could you patent the sun?"
Myriad Genetics, however, contends that the genes it isolated are not like the sun. Mark Capone, president of Myriad Genetics Laboratories, notes that the 20,000 genes in the human body are part of a 6-foot-long molecule that’s "coiled and compacted and stuffed into each cell." And, he says, "What Myriad was able to do is sort through all those 20,000 genes and find the two that were highly linked to hereditary breast and ovarian cancer."
The gene is like "a single grain of sand" hidden in a building the size of the Empire State Building, says Gregory Castanias, Myriad’s lawyer. He will tell the justices that isolating the two genes justifies a patent because "it is the final step in an extraordinarily complicated set of inventive actions that led to the creation of this molecule, which had never been available to the world before."
Not so, say those challenging the patent. Human genes are products of nature. They are an essential part of the human body. "All Myriad does is take a part of the body out of the body," says the challengers’ lawyer, Christopher Hansen of the . "It is no different than taking a kidney out of the body. Just because you are the [first] person who takes the kidney out of the body doesn’t entitle you to a patent on kidneys."
Read the full article at: NPR.org
A 3D Printer That Generates Human Embryonic Stem Cells
UK Public OK with creating babies from 3 people to avoid genetic diseases
Are genes our destiny? ’Hidden’ code in DNA evolves more rapidly than genetic code
Creating a Surveillance and DNA Database for Every American . . . From the Cradle to the Grave
Teenager astounds scientists by building a DNA testing machine in his bedroom
Gun Shoots DNA Bullets to Tag Criminals
Four-strand DNA structure found in cells
Verizon patents targeted advertising method that determines if viewers are laughing, cuddling, sleeping or singing
Open Seeds: Biopiracy and the Patenting of Life
Latest News from our Front Page
The Pilgrims Were Definitely Not Like Modern-Day Refugees
This upcoming Thanksgiving Day is sure to offer you and your family plenty of opportunities to argue over whether America should be welcoming Syrian refugees.
If you have any liberal relatives or friends coming over for your Thursday feast, theyâ€™re going to relish the chance to tell everyone that the Pilgrims were refugees too â€” and hope that statement decimates all ...
ISIS to France: "We will be coming. Victory has been promised to us by Allah"
Homegrown French ISIS fighters have issued a chilling threat of new attacks on France just 24 hours after the terrorist group used movie footage of the Eiffel Tower's collapse in another video.
A balaclava-clad militant is seen warning 'we will be coming, we will come to crush your country' in footage posted on Twitter earlier today.
It is unclear where the film ...
ISIS teenage 'poster girl' Samra Kesinovic 'beaten to death' as she tried to flee the group
She appeared in social media images for the group carrying a Kalashnikov and surrounded by armed men
A teenage girl who ran away from her Vienna home to join Isis in Syria has reportedly been beaten to death by the group after trying to escape.
Samra Kesinovic, 17, travelled to Syria last year with her friend Sabina Selimovic, 15.
The two became a ...
The Right Stuff's flagship podcast "The Daily Shoah" has been censored by Soundcloud
Editor's note: The PC corporate moral police strike again. Just as Radio 3Fourteen & Red Ice Radio were censored from iTunes, The Daily Shoah was pulled from Soundcloud today. As per usual, there is a double standard, they allow any kind of anti-White material:
No counter culture humor making fun of the genocidal mainstream garbage is allowed!
Soundcloud took it upon ...
Merkel Welcomes A Million More: Vows To Stand By Refugee Policy Despite Security Fears
Chancellor Angela Merkel vowed on Wednesday to stick to her open-door refugee policy, defying criticism at home and abroad which has intensified due to growing fears about a potential security risk after the Islamist attacks in Paris.
Conservative Merkel faces splits in her right-left coalition and pressure from EU states, including France, over her insistence that Germany can cope with up ...
|More News » |