An organism’s genome includes its entire set of genetic data. This information instructs their biochemical pathways in the metabolisms required for the growth and sustaining of the organisms life. In humans the genome is stored as DNA in our cells. With the millions of cells coalesced as our bodies come millions of copies of this DNA. Seemingly without regard to this, many companies and universities have begun to patent portions of the genome. According to Stephen Lovgren, “20 percent of human genes have been patented…of the patented genes about 63% are assigned to private firms and 28% are assigned to universities.” This patenting of the genome, of genetic data that is common to all of humanity, has extensive social and political implications.
In order to patent something it must meet certain criteria. The invention must be useful and practical, i.e. it must have utility. It must be novel, something that has not been considered previously, something innovative. It must be nonobvious, having required some thought to conceive. Finally, the invention must be described sufficiently enough that one proficient in the field can use the item. Normally, naturally produced things cannot be patented. However, this sentiment has recently changed. Previous to Diamond v. Chakrabarty in 1980 living organisms, their components, and by products were considered unable to be patented. However, as the Supreme Court decided in favor of Chakrabarty’s right to patent a genetically altered microbe, so too did they set the course for future patenting of life.
There are currently requirements that a natural product must meet, beyond the normal criteria, in order for it to be patentable. DNA, and thus the cells generated from it, must be isolated, purified, or modified to produce a unique form before it is deemed qualified. If the naturally occurring form is not modified then it must be used for an innovative purpose. In a recent case, a judge revoked patents on isolated genes because he believed what they synthesized were “only trivially different from the naturally-occurring versions” (http://www.genomicslawreport.com/index.php/2010/03/30/pigs-fly-federal-court-invalidates-myriads-patent-claims/). This ruling will be instrumental in delineating the distinction between nature and man’s influence. Today patents range from those for human growth hormone, to insulin, to those used to screen for illnesses such as cancer.
There are a few reasons to patent. In the broad scheme of things patents divulge what sorts of things are currently being researched and developed. In this way they can prevent researches from overlapping their work, saving them resources. Patents also attribute credit where it is due, and allow the discoverer to receive monetary gains. The financial benefits are ostensibly why companies bother to apply for patents. Once they hold the patents for genetic sequences they bear the sole rights to them. Any researcher who wishes to explore these sequences must pay the patent holder. These companies also gain the sole rights to grow the organisms defined by any modified DNA, harvest any products of their genetic codes, and to test this DNA for indications of illnesses such as cancer.
We should consider the inception of such research and the social impetus for its beginning. The first answer that comes to mind is that genetic research was begun due to our interest in ourselves. Knowing more about what makes us the beings that we are is important in itself in an idealist sense. Science as a general unit advances and benefits from our genetic tinkering as well. Genetic science also purports to improve our quality of life. Cancer screening, improved medicines and even the manual selection of phenotypic traits are all possibilities of genetics. Such knowledge awards its possessor increasing power and economic capacity, and so we have a third motive.
With these social influences genetic technologies have begun to be constructed. Each of the motives above has, in conjunction with them, a relevant social group. As the developers and researchers the scientific community values genetic research for its advance of knowledge. Businesses prize the financial potential of genetic technologies. The U.S. and its government as the regulatory authority gains power globally by maintaining control over genetic technologies. For the rest of us, for all of us, genetic research provides hope better lives. Thus, the users of this technology are everyone. Perhaps we are not all current users, but we are projected users. Everyone expects an improvement of their quality of life from scientific research, especially genetic research since it is compatible with all of us.
Genetic technologies are not inherently political but are made so through their patents. Through patents the benefits of our own genetic material become increasingly less democratic. The workings of our genes become less and less tangible to the everyday man, and the regulation of them is through some higher authority. However, the necessity of a central regulating authority is somewhat understandable since genetic advancements could lead to potentially devastating biological weapons; the use of patents also guarantees that the authority is aware of the sort of work being done. Those who hold the patents become the gatekeepers of such technologies. Due to their privilege to decide who has access to genetic technologies they cannot be considered egalitarian either. Users are restricted either to researchers, thus requiring a certain education level, or to those with the economic means and access to trained professionals who can apply the technologies. Patents thus render genetic science extremely elitist.
These political expressions of genetic patents are also a social nuisance. They impede civic society in its pursuit of ideal goals; the first being the protection and care of human life. The patenting of the human genome essentially commodifies life both directly and indirectly. Ownership of the physical blueprint from which human life is generated is being sold at an alarming rate. As with most medical technologies, the potentially lifesaving treatments generated by our genes are withheld from some because they cannot afford them; we are putting a price on life. These restrictions are socioeconomic; those who do not have the economic means to use the technologies are all part of the same social groups. This is not compatible with any working definition of social justice, another one of society’s purist pursuits. What is available to some should be available to all. Patents also inhibit research which both society and scientists value for the ideal of knowledge for the sake of knowledge.
Patents are not intrinsically ill-conceived. However, their use in the field of genetics is problematic. Socially and politically they are manifest in undesirable consequences. Genetic patenting has induced society to move away from some of its more noble goals of social justice, protection and advancement of human life, and pure intellectual pursuits. Politically genetic patents undermine the authority of the public, restricting access to the benefits of their own core biological mechanisms. However, the most recent case is encouraging. We will perhaps see a trend away from genetic patenting which would bode well for humanity.
Resources
http://www.ornl.gov/sci/techresources/Human_Genome/elsi/patents.shtml
http://www.ornl.gov/sci/techresources/Human_Genome/elsi/elsi.shtml
http://law.jrank.org/pages/9088/Patents-Human-Genome-Patentable.html
http://www.genome.gov/19016590
http://news.nationalgeographic.com/news/2005/10/1013_051013_gene_patent.html