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Tuesday, February 13, 2007

Stop! You can't have that child. The genes you gave it are patented.

From an op-ed by Michael Crichton in today's NY Times, one more example of the ludicrous state to which our patent office has taken us:

YOU, or someone you love, may die because of a gene patent that should never have been granted in the first place. Sound far-fetched? Unfortunately, it’s only too real.

Gene patents are now used to halt research, prevent medical testing and keep vital information from you and your doctor. Gene patents slow the pace of medical advance on deadly diseases. And they raise costs exorbitantly: a test for breast cancer that could be done for $1,000 now costs $3,000.

Why? Because the holder of the gene patent can charge whatever he wants, and does. Couldn’t somebody make a cheaper test? Sure, but the patent holder blocks any competitor’s test. He owns the gene. Nobody else can test for it. In fact, you can’t even donate your own breast cancer gene to another scientist without permission. The gene may exist in your body, but it’s now private property.

... Ordinarily, we imagine patents promote innovation, but that’s because most patents are granted for human inventions. Genes aren’t human inventions, they are features of the natural world. As a result these patents can be used to block innovation, and hurt patient care.


I will reiterate one thing I've said before. Crichton is wrong about one thing. The genes are not "private property." They are patent protected only for the life of the patent. Of course, given what Congress has done to extend copyright lifetimes, who knows how long that will be.

Perhaps someone should attempt to patent human DNA in all its forms. Heck, if you can patent one gene, why not patent them all at the same time. Then, he could charge everyone a royalty for using their DNA.

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