Can Human Genes Be Patented?
2013 04 15
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
Why Can’t We Publish Addresses Of New York Times Reporters?
2014 11 28
New York Times reporters Julie Bosman and Campbell Robertson published the address of Darren Wilson in the New York Times so here are their addresses.
GotNews.com strenuously objects to publishing the addresses of individuals who are being targeted with death threats.
GotNews.com published the address of Ebola patient Nina Pham so that people could avoid going to her Dallas apartment.
But it would ...
Terrorists? Interview with Varg Vikernes and Marie Cachet
2014 11 28
Marie Cachet and Varg Vikernes are what we call commonly ordinary people. However, for motives meanly political, the Ministry of the Interior decided to abuse its power to damage them ; "there is nothing more annoying than a low man placed in high position." (Roman saying) Today, Varg risks the eviction of the French territory without valid ground. Three very ...
The Coudenhove-Kalergi Plan - The Genocide Of The People Of Europe
2014 11 28
Mass immigration is a phenomenon, the causes of which are still cleverly concealed by the system, and the multicultural propaganda is trying to falsely portray it as inevitable. With this article we intend to prove once and for all, that this is not a spontaneous phenomenon. What they want to present as an inevitable outcome of modern life, is actually ...
Starbucks Supports Pro-GMO Company
2014 11 26
Another reason why you should not go to Starbucks.
Starbucks has an image of being a socially responsible, environmentally friendly company (Really?). In 2013, 95 percent of their coffee was ethically sourced, and their goal is to reach 100 percent by 2015.1
Other goals include reducing water consumption by 25 percent in their company-operated stores by 20152 and mobilizing their employees and ...
Group Polarization and the Fad of Ethno-masochism
2014 11 26
From "Group polarization: A critical review and meta-analysis". Journal of Personality and Social Psychology. 6 50 (6): 1141--1151
The psychology of White self hatred. Political correctness IS a mental disorder.
Group polarization: A critical review and meta-analysis.
Isenberg, Daniel J. the paper
Harvard Professor Noel Ignatiev talks about how to end the White race
The History of Political Correctness
The Narrative: The origins of Political ...
|More News » |