Frank Dondelinger asks how patent law affects genetic research, and what can be done about it
Can you own a gene? The question may seem a bit nonsensical. Everybody owns their own genes, but how could it be possible to own somebody else’s genes? Yet the vagaries of patent law currently not only make it possible to own genes, they will also allow you to keep other people from reproducing any gene for which you hold the patent.
Before you start to worry that you might have to pay someone each time your cells divide, I should point out that EU patent law currently prohibits the patenting of “the human body [...], including the sequence or partial sequence of a gene.” However, if you isolate a product (including genes) from the human body, it may be patentable, though you won’t be infringing on the patent unless you also isolate the product. For instance, the hormone insulin was patented in the 1920s, but nobody asked your grandfather for money, unless of course he started extracting it from his pancreas and selling it to his diabetic friends. Read more »
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