There's an article at the Scientific American website about a US Supreme Court case on companies holding patents on human genes - not patents on treatment of genetic conditions, just patents on genes the companies didn't create. Patents for some genes have already been permitted by the US government, but these patents are being challenged in court. The Scientific American article discusses concerns these patents will limit others from testing for genetic conditions or treating such conditions.
Below is an item I wrote a few years ago on the subject - with a somewhat satiric perspective..
The other day, CBS' 60 Minutes had a segment about companies that have received US patents on particular human genes. This is not gene therapy, genetic engineering, gene modification or any other sort of previously non-existent genes created by these companies. One example given was a gene that can give a woman a predisposition for breast cancer. The company that requested and received a patent for the gene is not offering any unique treatment for breast cancer or unique preventative measures so the cancer does not develop. What they offer is a test to determine whether a woman has the gene variation that increases the likelihood of breast cancer. Based on this patent, the company claims the sole right to test women for that gene. This prevents women from getting a second opinion or other companies from developing better tests.
To many of us, this sounds crazy. The gene is a natural result of biological processes that the company had no role in planning or creating.
I found myself wondering which of my genes had been patented - and if that meant that one day I might receive a cease and desist order demanding I remove those genes from my body because I was using them without the permission of the patent holder. After all, isn't that what patent holders do?
At the end of the 60 Minutes segment, they announced that very recently a federal judge had ruled these patents were invalid, but the companies planned to appeal the ruling.
I would like to make the following suggestion to all women with breast cancer or anyone with other diseases associated with patented genes. SUE THE PATENT HOLDER. Tell them: "This is YOUR gene. It is doing me bodily harm. It is causing me substantial financial expenses. You can't have it both ways. If this is your gene, it's your liability. I want $100 million - cough it up!" (Your lawyer will phrase this differently with appropriate legalese, but that's the idea.)
Hmmm. $100 million - maybe these patents could turn out to be to your advantage after all. :)