Gene Patenting Essay

Gene Patenting

What is gene patenting? Before you can investigate into gene patenting, one must understand what genes are and what the importance of genes. Genes are proteins and molecules that make up the DNA of everything around us. In essence, they are ingredients that complete everything we touch, feel, or see. We recognize genes as a part of the human DNA. Genes can determine a person’s race, sex, and even how healthy we are. Genetics have multiple purposes. The main purposes of commonly recognized genes are human genetics. Yet, we all do not know the facts about human genetics. The Health Research Funding Organization published a study in 2014 in where “99.5% of all humans do not know that we share a percent of each other’s DNA.”

Not all genes are the same, in fact, some human genetics are remarkable. So much so, that we have instituted research into our lives. The timeline presented by Kenneth Jost of the CQ Researcher suggests we have been discovering and patenting specific genetic discoveries since 1911 with the first patenting being the discovery of adrenaline and reproduction of the cells for the general public. Although we share different genes within our species, there are so many separate genetic markers that create our specific identity as humans. Within the research, we are also finding cures to cancers and diseases that have been due to the genetic research. Biotech companies have creating vaccines and medicine with these genetic discoveries. Shouldn’t they be entitled to patenting their discovery and product? Why would there be a problem with patenting these markers discovered for cures?

There is great controversy and debate on whether or not gene patenting should be allowed to anyone. The purpose of this pap...

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...to work around. In a 2002 case, Madey v. Duke, the Court of Appeals for the Federal Circuit made it clear that academic institutions could be held liable for patent infringement even in a nonprofit research.

In practice, however, no research institution has been sued for studying a gene or using it in academic research. This is partly because the patent holders are more than likely to benefit from research that reveals how their patented genes work. The other reason is partly due to the difficulty in proving damages from mere use in research. One gray zone is the use of materials or processes with gene patents in clinical research, such as genetic testing in the context of a clinical trial. Laboratories offering patented genetic tests for research studies have been asked to “cease and desist” unless they refer materials to or get a license from the patent holder.