Gene Patenting: The Controversy
Should companies be able to patent human genes? Studies shows there are several different pros and cons of gene patenting. http://knowgenetics.org/ states that the pros are that it gives companies who patent genes time to look at the genes without competition, encourages research and development in private industry, and provides opportunities for investment in research and development. The cons listed are that it hinders research, leads to monopolization of genes, and slows down medical results. This paper will go more in depth about the pros and cons of gene patenting and both sides will be discussed thoroughly. The information in this paper was collected from http://knowgenetics.org/, http://www.theguardian.com/, and http://www.ncbi.nlm.nih.gov/.
Here’s a little background information on patents. You may be thinking, what exactly is a patent? According to http://www.theguardian.com/, A patent is a kind of licence granted by a government to an inventor. It gives the inventor the right, through the courts, to stop rivals from making, using or selling an invention without his or her permission. When a patent is granted, the invention becomes the property of the inventor. However the patent can be bought, sold, rented or hired. A patent normally lasts 20 years. After that, anyone can use the invention without restrictions.
http://knowgenetics.org/ explained the many different pros and cons of gene patenting. Some of the pros are first, that it provides opportunities for investment in research and development. These companies do not have to worry that other companies are competing with them to make new discoveries. This is especially important for smaller companies that may not have the financia...
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...ization of genes, and slows down medical results. The pros are that it gives companies that patent genes time to look at the genes without competition, encourages research and development in private industry, and provides opportunities for investment in research and development. As you can probably tell, gene patenting seems to be a very controversial topic.
References:
"Patenting Genes: Pros and Cons."Genetics Generation. N.p., n.d. Web. 18 Dec. 2013. .
Meek, James. "Beginner's guide to gene patents." The Guardian. Guardian News and Media, 15 Nov. 2000. Web. 20 Dec. 2013.
"Evidence and Anecdotes: An Analysis of Human Gene Patenting Controversies."http://www.ncbi.nlm.nih.gov. N.p., n.d. Web. 18 Dec. 2013. .
(7) Hall B. Patents and Patent Policy -. 2007. The 'Secondary' of the 'Secondary' of the 'Secondary' of the 'Secondary' of the 'Secondary' of the 'Secondary' of the 'Secondary' of the Morse H. SETTLEMENT OF INTELLECTUAL PROPERTY DISPUTES IN THE PHARMACEUTICAL AND MEDICAL DEVICE INDUSTRIES: ANTITRUST RULES. Allison JR, Lemley MA, Moore KA, Trunkey RD. Valuable patents. Geol.
In the late twentieth century, the field of biotechnology and genetic engineering has positioned itself to become one of the great technological revolutions of human history. Yet, things changed when Herber Boyer, a biochemist at the University of California, founded the company Genentech in 1976 to exploit the commercial potential of his research. Since then the field has exploded into a global amalgam of private research firms developing frivolous, profit-hungry products, such as square trees tailor-made for lumber, without any sort of government regulation.
The first case of Cananvan disease was described in 1931 by Myrtelle Canavan who was one of the first female pathologists. In 1987 a family with two children with Canavan disease sent tissue samples to Reuben Matalon who was a researcher looking for the gene. With those samples he was able to identify the gene 1993. He was able to make a test to help at risk couples that might have a child with the disease. The test was free but in 1997 the Miami Children’s Hospital, which was Dr. Matalon’s employer, patented the gene and claimed everything received from testing. This resulted in the Canavan Foundation withdrawing their testing. The Canavan Foundation later sued the Hospital and the lawsuit was resolved in a sealed out of court session. This case raised the issue of how suitable it is to patent genes.
Lehman, Bruce. 2003. “The Pharmaceutical Industry and the Patent System”. International Intellectual Property Institute. Pages 1-14.
Over 40 years ago, two men by the names of James Watson and Francis Crick discovered deoxyribonucleic acid, or DNA. DNA is hereditary material in humans and almost all other organisms (What is DNA?). From this finding, gene therapy evolved. Today, researchers are able to isolate certain specific genes, repair them, and use them to help cure diseases such as cystic fibrosis and hemophilia. However, as great as this sounds, there are numerous ethical and scientific issues that will arise because of religion and safety.
...s of gene therapy is that the mortality rate is very high. This is because Immune system may attack cells and cells may attack vital organs. Furthermore, ethical issues should be dealt in a positive way. The technological institute has to reduce the unnecessary expenses of the treatment. I highly suggest the government investing more money on the development of gene therapy.
Human Genetic Engineering: Designing the Future As the rate of advancements in technology and science continue to grow, ideas that were once viewed as science fiction are now becoming reality. As we collectively advance as a society, ethical dilemmas arise pertaining to scientific advancement, specifically concerning the controversial topic of genetic engineering in humans.
Human genetic engineering can provide humanity with the capability to construct “designer babies” as well as cure multiple hereditary diseases. This can be accomplished by changing a human’s genotype to produce a desired phenotype. The outcome could cure both birth defects and hereditary diseases such as cancer and AIDS. Human genetic engineering can also allow mankind to permanently remove a mutated gene through embryo screening as well as allow parents to choose the desired traits for their children. Negative outcomes of this technology may include the transmission of harmful diseases and the production of genetic mutations. The benefits of human genetic engineering outweigh the risks by providing mankind with cures to multiple deadly diseases.
The Benefits The reconstruction of DNA has brought many cures against genetic diseases that before were undetectable. Although it is not a treatment for those already infected with the disease, it is a brand new chance for a couple to have a child who can live life without the hindrance of a genetic disease their entire lives.... ... middle of paper ... ...
The controversy of these issues stems from the immense potential in genetic sciences for both positive use and harmful misuse. Though the questions and fears of critics reflect the wisdom of caution, the potentially unlimited benefits mandate that we pursue these technologies.
In an article titled “The Ethical Implications of Gene Therapy” the group of advisers on Ethical Implications of Biotechnology of the European commission states issues and rules that should be abided by, along with beliefs on the direction of biotechnology. At its present stage, biotechnology focuses on serious diseases which are incurable at the moment, however through this research treatment for these diseases could be found. The group of advisers feel that there should be levels at which research should focus on, instead of jumping into it all at once. Basic research should be carried out prior to clinical trials, and then move on to biotechnology. This can be done by supporting research actions, organizing training and exchange programs or any other appropriate means. Gene therapy protocols require that ethical evaluation consists of processes assuring quality, transparency and efficiency without delays of treatment to the patients who need it. This is crucial because an inefficient, poor quality treatment could cost someone their life. The group also feels that gene therapy research should be restricted to serious diseases for which there is not a current treatment. Expanding research to other things could be done if a medical evaluation calls for it. Equal access should be assured to all researchers within the European Union, thus sharing information and helping to improve orphan drugs. This could also save time and money. In order to insure the public of what is going on, conclusions of evaluations should regularly be published to encourage public debate. The public is not usually informed much about genetic therapy and many people have the wrong idea about it. Should reports be published more often, there will be less public confusion and ridicule.
As we said above patents grant exclusive rights to an invention or a process of making and invention. So what does a patent cover? Chemical patents cover the structure of a molecule and also the process in which the molecule is made. This is a good thing for pharmaceutical companies who take out these patents as they can regulate the market. Because these companies own the rights of a molecule or drug exclusively they can restrict competition from competitors. Companies that have patents on drugs have the added benefit that they are the sole distributor of that drug and all profits go to them. Other companies cannot repl...
Scientists and the general population favor genetic engineering because of the effects it has for the future generation; the advanced technology has helped our society to freely perform any improvements. Genetic engineering is currently an effective yet dangerous way to make this statement tangible. Though it may sound easy and harmless to change one’s genetic code, the conflicts do not only involve the scientific possibilities but also the human morals and ethics. When the scientists first used mice to practice this experiment, they “improved learning and memory” but showed an “increased sensitivity to pain.” The experiment has proven that while the result are favorable, there is a low percentage of success rate. Therefore, scientists have concluded that the resources they currently own will not allow an approval from the society to continually code new genes. While coding a new set of genes for people may be a benefitting idea, some people oppose this idea.
Gene therapy is a powerful new technology that has the ability to change the way medicine is practiced in the future. The potential of gene therapy offers great hope for cure and alleviation of suffering from genetic disorders that now plague numerous people. Within this past decade, much research has been conducted to learn about the aspects of gene therapy, but there is still much to learn before it is an effective medical treatment. Despite failures to prove any clinical efficacy, many experts of gene therapy predict that the first clinical success will occur in the near future. Gene therapy is a highly controversial topic that entails numerous ethical issues that need to be thoroughly analyzed before it is widely available to the public. While gene therapy may pose practical medical benefits for people, ethical considerations must be addressed in order for society to utilize the potentials of gene therapy appropriately.
Patents claims focus of the mechanism, principles and components surrounding those ideas. Patents are the strongest of the law to protect the intellectual property. Patent law is based on a very strict liability standard, making a business owner’s strongest option for intellectual property protection. Patents often make use of reverse engineering. Through reverse engineering, they see if patented inventions are in used by another company. Patents have an expiration date; the design patent protect design, shape, configuration and appearance of any invention for 14 years, and utility patents that protect functional makeover and new invention last for 20