Question

Science continuously moves forward and uncovers more and more about the human body. We have made monumental strides in human genetics and this has led to recent discussions about patenting genes. This sits in front of the Supreme Court and could have a major impact based upon the decision. Research the pros and cons of this issue and share with the class.

Answer 1

The line between what to be patented and not to be patented are very blur and view in regards is very diverse. To patent an invention it must satisfy three requirements: It should be novel, useful and non-obvious. However, laws of nature, physical phenomena and abstract ideas are not patentable. Myriad Genetics, which patented two genes BRCA1 and BRCA2 is a notable example that raises the question of the legality of a patented gene.

There are several pros and cons on patenting the gene.

Pros

Patent gives an exclusive right to the company to study the gene without competition. Encourages research and development in the industry without fear of losing the credit of work done. The patent also allow the investors to invest in the development of diagnosis and treatment of disease.

Cons

Patent hinders research. BRCA1 and BRCA2 gene variants were patented by Myriad Genetics. It gave an exclusive right to Myriad Genetics to conduct research on these genes. Other companies could not perform any study on BRCA1 and BRCA2.

Patented genes or diagnostic test is often expensive and beyond the rich of most of the population.