Gene Patents: Impact on Innovation and Society

For several decades, patents have been issued for the genes of various life forms including plants, animals, and segments of human DNA. Typically, gene patent holders are researchers in federal organizations, colleges, and companies; they often collect patents as a means for protecting their investment in research. The U.S. Patent and Trademark Office allows for genes to be protected as intellectual property with the intention of encouraging research and innovation, just as with any patent. However, gene patents have proliferated while leaving fundamental questions unanswered: do gene patents truly nourish innovation as other patents do, and what are their implications on society and on the lifeforms whose genes are subject to patenting? With further investigation, their negative impact will become apparent.

It is frequently argued that genetic patents are the root cause of innovation in research and development (R&D). Particularly, biotechnology companies assert that patents allow them to conduct innovative research by guaranteeing market control and royalties to the company, which reduces the overall risk of investing time and resources into costly research. Without

Oncomouse is used to study the effects of cancer in mammals and develop treatments for the disease. However, the patent has been rejected numerous times in Europe and Canada, on the grounds that it would restrict critical research in cancer treatment to deny other researchers access to such a powerful research tool. Domestically, Harvard alone stands to benefit from this patent; as so many patents do, it poses to prevent innovation in research, specifically by preventing researchers from using second generation mice. This is a fundamental issue of gene patenting: self replicating organisms effectively infringe patent law by