How the hell are genes allowed to be patented?

[her209]

I was reading up on the Henrietta Lacks story (an interesting story unto itself) and came across this article that was written by the author who wrote the book on Henrietta Lack and her immortal cells.

The basic gist of it is that companies are rushing out to patent human genome disease/cancer sequences and are charging hefty licensing fees to do research and testing using those patented sequences. These license fees are sometimes so much that it discourage scientists from doing further research into those areas for fear of patent violations (read: litigation).

But seriously, how can our patent system allow someone to patent something that the company didn't create/invent but occurs naturally? All they did was isolate it. On the flip side, can my family sue the disease's patent holder if I were to die from THEIR disease even though I acquired it naturally?

 

[Dekasa]

It's dumb.

Also, Next by Michael Crichton is an excellent novel on the subject.

 

[Craig234]

It's part of the corruption of big corporate money. The drug companies have also gone all over third world countries collecting plants and patenting them. We should outlaw it.

 

[Rock Hydra]

Supreme courts ruled against patenting genes.

 

[her209]

It's part of the corruption of big corporate money. The drug companies have also gone all over third world countries collecting plants and patenting them. We should outlaw it.

Seriously. How did companies go from "We genetically engineered this oil eating bacterium" to "We own human diseases"?

 

[gevorg]

Because they can. Don't like it? Go pound sand. Capitalism FTW.

 

[her209]

Because they can. Don't like it? Go pound sand. Capitalism FTW.

Waits for corporations to attempt to patent H2O. Not exactly, but close.
http://www.pbs.org/frontlineworld/stories/bolivia/timeline.html

 

[werepossum]

I was reading up on the Henrietta Lacks story (an interesting story unto itself) and came across this article that was written by the author who wrote the book on Henrietta Lack and her immortal cells.

The basic gist of it is that companies are rushing out to patent human genome disease/cancer sequences and are charging hefty licensing fees to do research and testing using those patented sequences. These license fees are sometimes so much that it discourage scientists from doing further research into those areas for fear of patent violations (read: litigation).

But seriously, how can our patent system allow someone to patent something that the company didn't create/invent but occurs naturally? All they did was isolate it. On the flip side, can my family sue the disease's patent holder if I were to die from THEIR disease even though I acquired it naturally?

I quite agree. It's one thing to patent a method to isolate a gene, or a particular method of gene therapy. It's quite another to patent something everyone knows is there simply because you're the first one to sequence it.

Patent law needs a substantial overhaul. Besides this, anyone patenting something (or buying a patent) and not marketing a product should not be allowed to renew a patent. One should not be allowed to buy and kill an innovation simply to protect a cash cow, and one should not be able to patent a gene and then control what others do with that gene. This impedes progress rather than promotes it.

 

[Zorkorist]

Waits for corporations to attempt to patent H2O. Not exactly, but close.
http://www.pbs.org/frontlineworld/stories/bolivia/timeline.html

It's Government, that allows and enforces, Patents.

As far as Government's "patent" over water, you don't have to wait.

-John

 

[werepossum]

It's Government, that allows and enforces, Patents.

As far as Government's "patent" over water, you don't have to wait.

-John

That's an abysmally stupid page.

That same month, the Bolivian parliament passes Law 2029 (the Drinking Water and Sanitation Law), which allows for the privatization of state drinking water and sewage disposal services. In effect, the law would make residents pay full cost for water services in Cochabamba.

Of course resident pay full cost for water services - who the hell else would pay for it? Non-residents? Martians? The residents are going to pay full cost whether it's in direct charges, taxes, or higher costs for products and services due to indirect taxes on corporations. There is no free lunch.

 

[Bowfinger]

We the Corporations of the United States, in Order to form a more profitable Union, establish Plutocracy, insure domestic Profitability, provide for the elite Wealth, promote the Corporate Welfare, and secure the Blessings of Unbridled Capitalism for ourselves and our Preferred Shareholders, do ordain and establish this Constitution for the United Corporations of America.

 

[Brainonska511]

Besides this, anyone patenting something (or buying a patent) and not marketing a product should not be allowed to renew a patent

That doesn't sound too good. What if you invent something but just don't have the resources to market it on your own or companies aren't interested in it at the moment so you cannot license it?

 

[Daedalus685]

That doesn't sound too good. What if you invent something but just don't have the resources to market it on your own or companies aren't interested in it at the moment so you cannot license it?

Aye, we would simply see useful things waiting on a shelf until the patent expires and companies pick them up for free rather than paying for the rights from the inventor(s).

I'm sure a system could be crafted in such a way as to allow an exception to original creators while still putting an end to companies like Rambus.

 

[sactoking]

Reviving an old thread here, but lost in the hubbub of the ACA this week was a USSC decision invalidating patents on genes.

http://news.yahoo.com/high-court-th...QDBHBzdGNhdAMEcHQDc2VjdGlvbnMEdGVzdAM-;_ylv=3

 

[CanOWorms]

Reviving an old thread here, but lost in the hubbub of the ACA this week was a USSC decision invalidating patents on genes.

http://news.yahoo.com/high-court-th...QDBHBzdGNhdAMEcHQDc2VjdGlvbnMEdGVzdAM-;_ylv=3

The article is poorly written. They did not invalidate patents on genes. The Supreme Court merely sent a case back down to be reviewed in light of a recent opinion regarding methods for monitoring a patient's blood to determine a drug dosage (or something like that).

 

[Craig234]

This is good news - the corruption remains, though.

 

[CanOWorms]

Here's a better article:

Justices Send Back Gene Case

The Supreme Court on Monday ordered an appeals court to reconsider its decision to uphold patents held by Myriad Genetics on two genes associated with a high risk of breast and ovarian cancer.

The appeals court was told to take another look at the case in light of the Supreme Court’s ruling last week that a certain diagnostic test was not eligible for patents because it was a simple application of a law of nature.

 

[bfdd]

This type of shit needs to end, the patent system is retarded and needs to go away. Either you make something and keep it to yourself or you share it with others at that point, once it leaves your hands OH FUCKING WELL.

 

[Doppel]

Seriously. How did companies go from "We genetically engineered this oil eating bacterium" to "We own human diseases"?

Lobbying. The world is a growing plutocracy. It used to be by gun now by laws, it's a damn shame.

 

[Lithium381]

Lobbying. The world is a growing plutocracy. It used to be by gun now by laws, it's a damn shame.

if a company owns a disease, can i sue them for damages if i have it?

 

[werepossum]

Reviving an old thread here, but lost in the hubbub of the ACA this week was a USSC decision invalidating patents on genes.

http://news.yahoo.com/high-court-th...QDBHBzdGNhdAMEcHQDc2VjdGlvbnMEdGVzdAM-;_ylv=3

Great decision, although I would prefer they simply declared it unconstitutional. Maybe it ISN'T unconstitutional and they just didn't like the decision's logic, but it SHOULD be unconstitutional.

 

[SilthDraeth]

I clicked on this not knowing anything about HeLa, and now I am very interested. I also find it interesting that the HeLa cells seem to cross contaminate other cell cultures. Time to do a lot of reading over the next few days.

Thanks for the necro bump. Though a 2011 post isn't that far dead.

 

[polarmystery]

Happy Hunger Games everyone! May the odds be ever in your favor...

 

[Ninjahedge]

The worst is Monsato and Soybeans.

It is one thing to "patent" a gene strain that you have researched that makes something better. It is another to sue farmers that have crops that start showing this strain when YOUR FUCKING CROPS POLLINATED THEM!.

It is EXACTLY like blaming someone for stealing your possessions because you threw them over the fence into their yard.

 

[werepossum]

The worst is Monsato and Soybeans.

It is one thing to "patent" a gene strain that you have researched that makes something better. It is another to sue farmers that have crops that start showing this strain when YOUR FUCKING CROPS POLLINATED THEM!.

It is EXACTLY like blaming someone for stealing your possessions because you threw them over the fence into their yard.

QFT Like suing someone for stealing your baseball bat when you accidentally threw it into their windshield.

When Monsanto sues a farmer because THEIR intentionally sterile crops accidentally wind pollinate that farmer's naturally fertile crops, the judge should be honor-bound to find for the farmer. I suggest ten times Monsanto's claimed damages plus the cost of seed.