Human Gene Patents

[Kuya]

I'm still trying to wrap my head around the idea of patents on genes that are not synthetically created.

[Tomk]

How do you invent bacteria? Wouldn't that be creating life?

He genetically engineered a bacteria that never existed before from 4 similar types. I'm not sure that invented was the best way to put it but it best fits this example. He didn't cross breed them though so I don't know how else to state it.

[fantasticdan]

I knew someone that did gene research at princeton working against this kind of thing, IE: trying to put everything they identified into public domain.

[Kaeko]

The entire Human Genome was at risk of being patented by a company known as Celera. There was a publicly funded HGP that received capital from governments and charities and freely handed out the information for others to use. The company, Celera, decided to enter into a 'race' against the HGP part way through - they took the information already freely available and began to sequence the remaining parts themselves in an effort to complete it (and patent much of it). The public HGP and Celera then entered in a well publicized race to finish first.

There are 2 very good books on this. Some paint Celera and its founder as a villain trying to patent what is basically the genetic makeup of every human being on Earth. Others praises Celera for speeding up the completion of the project by years through competition. Look up "The Genome War" and "The Common Thread: A Story of Science, Politics, Ethics and the Human Genome" if you want a good read.

BTW the good guys won (sort of), and that's why the human genome is freely available online.

[guartz]

The anarchist in me is laughing. Fuck IP.

[guartz]

Yeah because government run monopolies are always run efficiently, right? Hell, if capitalism is so bad, how about we just have the government run all of our businesses? There can't be anything bad about a planned economy, can there?

You have to take into account that our government controls nearly 80% of the derivative market. Probably more so now with the AIG fiasco. I know you hate to admit it, pohibaba, but U.S is a planned and controlled economy.

At this point, if the government "officially" took charge of our economy, it would probably run smoother.

[Vuitton]

You have to take into account that our government controls nearly 80% of the derivative market. Probably more so now with the AIG fiasco. I know you hate to admit it, pohibaba, but U.S is a planned and controlled economy.

At this point, if the government "officially" took charge of our economy, it would probably run smoother.

I laugh out loud because its sad and true.

[Beckwin]

Classic catch-22, how do you get the best in the world to work on the most important shit if it's forcibly made unprofitable?

oh, I could tell you.

[Kaisho]

Sup bitches I got a patent on breast cancer.

[Drahkir]

Spoilered for book details and plot elements.

Spoiler: show

In the book Next by Michael Crichton that was mentioned earlier, there was a scenario where this company patented a specific type of gene that this cancer patient had, and since the genes were passed onto his son, they hired mercenaries to kidnap the boy and forcibly remove his genes for research, claiming that they had legal rights to the genes that he held through the father.

I don't know about you guys, but that book scared the piss out of me.

Edit: I realize Crichton probably wrote it that way for dramatic effect, but the implications are scary. Having some people come to your house and saying they have legal rights to your body, well, you get the idea.

[Plow]

that book was fucked up


oh, and Kuya, it's not exactly "patenting something you didn't invent," beyond the most literal sense

(I mean... it is, but it's not like you're patenting it to produce and sell it or whatever)

The idea is you discover it, you patent for exclusive rights to research and development on it.


Like I said, it's a catch-22. We need as many as possible of the best possible working on it. Unfortunately, all the dreamers of the world aren't genetic scientists, and all the genetic scientists aren't about to do the work for free. Not that some won't, but not a whole lot.

[Woozie]

If I patent a gene, can I demand royalties from any couple who reproduces that gene when they have children? Or sue them for copyright infringement?

[Kuya]

that book was fucked up


oh, and Kuya, it's not exactly "patenting something you didn't invent," beyond the most literal sense

(I mean... it is, but it's not like you're patenting it to produce and sell it or whatever)

The idea is you discover it, you patent for exclusive rights to research and development on it.


Like I said, it's a catch-22. We need as many as possible of the best possible working on it. Unfortunately, all the dreamers of the world aren't genetic scientists, and all the genetic scientists aren't about to do the work for free. Not that some won't, but not a whole lot.

Yes, but this would mean, for example, that if i had a gene that they had a patent on, that i would not be allowed to do whatever i want with it, like for example, i can't choose to give it to someone else for research or even experiment on it myself, if i were so capable of it.

Does this mean that if i had a gene they had a patent on, that i can actually be sued for choosing to allow someone else to research my gene?

[guartz]

Does this mean that if i had a gene they had a patent on, that i can actually be sued for choosing to allow someone else to research my gene?

Yes. And if you resist they'll break into your home and shoot your dog.

[Plow]

Yes, but this would mean, for example, that if i had a gene that they had a patent on, that i would not be allowed to do whatever i want with it, like for example, i can't choose to give it to someone else for research or even experiment on it myself, if i were so capable of it.

Does this mean that if i had a gene they had a patent on, that i can actually be sued for choosing to allow someone else to research my gene?

Not exactly.

If someone wants to do research on your genes, and the particular gene (or one of) they want to research on falls under the patent, they have to obtain the rights to do the research, and/or pay royalties for any profits from their research, or risk being sued over it.