What Is Gene Patenting?

One of the many controversial topics in the field of genetics is the existence of gene patents. In general, raw products of nature are not patentable. New gene sequences found, with specified functions, and modified genes are able to get a 20 year patent giving the inventor sole property of the invention.

What are Genes?

A gene is a unit of heredity that is transferred from a parent to offspring and is held to determine some characteristic of the offspring. Genes are defined as a region of DNA. It often corresponds with a sequence that is used in the production of RNA or protein. Genes carry biological information that will get copied and sent from each cell. Each gene consists of base pairs that can vary from 1,000 pairs to several hundred thousand pairs. The number of genes found in humans has varied over the years, as more has been learned about the genetics. When it comes to genes, the most famous project in DNA decoding is that of the Gnome Project. The Project started with the goal of mapping out the entire code of DNA. It was a 13-year project coordinated by the United States Department of Energy and the National Institutes of Health that was completed in 2003.

What is a patent?

A patent is a type of license that is granted by a government to an individual or organization giving the right to stop others from using, selling or making of an invention created without permission. The patent gives the inventor sole property of the invention. The inventor has the ability to sell, rent or hire with that license. In order to receive a patent the invention has to be novel (new) with no one else in the public having made it. It must be innovative in a way that a specialist in the particular field would not have developed it. The invention cannot be a simple discovery. Patents are good for only 20 years. After the initial application is sent in, there is a one year time span that is not part of the 20 years that the claiming inventor has over the invention while awaiting the patent decision. In the United States the patentability of inventions is determined by the Patent and Trademark Office (USPTO).

Gene patents explained

When it comes to patents, raw products in nature are not patentable. This would make gene patents seem impossible, however, DNA products are able to be patented when they have been either isolated, purified or modified as a unique form not found in nature. A gene patent has a different set of requirements that must be met. The inventor must be presenting a new genetic sequence, identify the product that the sequence produces, specify the natural functions and enable someone who is skilled in the specific field make use of the sequence in its stated form. At the moment there are over three million patents relating to genomes that have been filed.

The controversy

Over the past few years there has been much debate over the controversial concept of gene patents. Scientists from public institutions have a difficult time agreeing with the patents because they believe that science will advance faster if all researchers have free access. It is viewed that this allows patent holders to own or have control over a part of nature, and they see it as against the general patent rules. There are some that believe that those who own specific patents could monopolize the genetic markets. Another reason against gene patents is the possibility of impeding the developments made by third parties due to the costs that come with patented data. On the other side of the debate is the fact that a patent gives the option of protecting an invention without the use of secrecy. The patents only last for 20 years. Also, a gene patent would help diminish the duplication of efforts and discoveries that can occur. Finally, gene patents are seen as a positive aspect because it could promote different research into unexplored areas.

Conclusion

While there is no easy answer for whether gene patents should be allowed, there are more patents being allowed with the introduction of gene modification. Yet strict restrictions remain for the time being.