February 13, 2007

A Practice That Must Change

I’m sorry, but there can and should be no patents on life – or on genes, the basic building-blocks of life. Yet for some strange reason, our government has allowed companies to patent parts of the human genetic code.

The results of this absurd practice is to make our own, naturally occurring genetic structure the property of someone else – an intolerable intrusion into our own fundamental right to own our own lives and to control our own bodies.

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. CouldnÂ’t somebody make a cheaper test? Sure, but the patent holder blocks any competitorÂ’s test. He owns the gene. Nobody else can test for it. In fact, you canÂ’t even donate your own breast cancer gene to another scientist without permission. The gene may exist in your body, but itÂ’s now private property.

This bizarre situation has come to pass because of a mistake by an underfinanced and understaffed government agency. The United States Patent Office misinterpreted previous Supreme Court rulings and some years ago began — to the surprise of everyone, including scientists decoding the genome — to issue patents on genes.

Humans share mostly the same genes. The same genes are found in other animals as well. Our genetic makeup represents the common heritage of all life on earth. You canÂ’t patent snow, eagles or gravity, and you shouldnÂ’t be able to patent genes, either. Yet by now one-fifth of the genes in your body are privately owned.

What this means, in a practical sense, is that private companies and researchers can control what information you can have about your own health, and they can also prevent scientific progress that will help improve the health of every man, woman, and child in the country (if not the world). The notion that private individuals have the right to control access to and study of a naturally occurring part of every human body is completely absurd – and morally indefensible.


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