Gene Patents

Biotechnology- Animals and Agriculture

Biowarfare and BioLab Safety

Cloning and Human Genetic Manipulation

Gene Patents

Genetic Determinism

Genetic Testing, Privacy and Discrimination

Other Genetic Issues

Women and Biotechnology

Project: Gene Patents

Articles

Background Information

Positioning Papers

Resources

GENE PATENTS

The patent, a tool originally created to insure that inventors could share in the financial returns and benefits deriving from the use of their inventions, has become the primary mechanism through which the private sector has advanced its claims to ownership over genes, proteins, and entire organisms. No individual, institution or corporation should be able to hold patents or claim ownership rights over genes or gene sequences, whether naturally occurring or modified.

The conversion of genes and gene sequences into corporate property through patent monopolies is counter to the interests of the peoples of this country and of the world. This is particularly so because enormous amounts of public funds have been invested in the genetic research that underlies many of these patents. The Human Genome Project alone cost U.S. taxpayers over 3 billion dollars. The public's investment in new technologies is betrayed when public interests are circumvented for private gain by these types of patents. Finally, the patenting of genes and gene sequences poses a significant threat to human health and the innovation necessary to address that threat. In both the U.S. and developing nations overall, breast cancer is the second leading cause of cancer-related deaths among women. Over 200,000 Americans are diagnosed each year with breast or ovarian cancer. Rather than accelerate research and treatment, the BRCA1 and BRCA2 gene patents restrict access and subsequently create barriers to the development of the vital medical and scientific information needed to advance our collective fight against a clear public health threat.

The US Constitution states that patents are intended to “promote the progress of science.” The Council for Responsible Genetics believes that the U.S. Patent and Trademark Office’s decision to allow the patenting of human genes represents a major failure and misuse of power, and runs counter to the American tradition. The Council for Responsible Genetics supports efforts to overturn this misguided policy.

The US Congress has repeatedly changed patent laws when faced with major public pressure, as when, for example, it excluded nuclear weapons from patentability in 1982.

The Council for Responsible Genetics works with a coalition of health and patient advocacy groups to build support for a ban on gene patents. A main component of this campaign is to identify and explain the practical risks of patenting for innovation and the open exchange of scientific data.