By Elizabeth Landau
A striking 20 percent of all human genes have been patented. However, now that all 20,000 to 25,000 human genes have been mapped and sequenced through the Human Genome Project, they are in the public domain, meaning they would no longer be considered "new" for the purposes of patents, said Lee Silver, professor of molecular biology and public policy at Princeton University. Now, patents on human genes must specify a new use, such as a diagnostic test.
If a company wants to patent the purified form of an antibiotic that exists in nature in a fungus, no one challenges that, Silver said. Plant DNA, as well as human DNA, can be synthesized in a laboratory. Distinguishing this case from a patented human gene that is useful in diagnostics would require the ethical argument that the human genome is sacred -- and even then, things get murky, considering that about 25 percent of human genes are shared by chimpanzees, he said.
"The patent law says nothing about ethics," he said. Read more...
Watch Dr. Gupta explain the lawsuit »
A striking 20 percent of all human genes have been patented. However, now that all 20,000 to 25,000 human genes have been mapped and sequenced through the Human Genome Project, they are in the public domain, meaning they would no longer be considered "new" for the purposes of patents, said Lee Silver, professor of molecular biology and public policy at Princeton University. Now, patents on human genes must specify a new use, such as a diagnostic test.
If a company wants to patent the purified form of an antibiotic that exists in nature in a fungus, no one challenges that, Silver said. Plant DNA, as well as human DNA, can be synthesized in a laboratory. Distinguishing this case from a patented human gene that is useful in diagnostics would require the ethical argument that the human genome is sacred -- and even then, things get murky, considering that about 25 percent of human genes are shared by chimpanzees, he said.
"The patent law says nothing about ethics," he said. Read more...
Watch Dr. Gupta explain the lawsuit »
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