Gene Patenting

June 29th, 2009 —

An important issue in the field of patenting Biotech inventions is the patenting of Genes or seeds/plant material. Pharmaceutical and agri-bio industries favor and want gene patents for commercial returns and to invest the time and money needed to develop gene-based drugs or biotech crops. On the other hand, the patenting on genes and seeds might lead to costlier medicines/treatment of some diseases and the seeds/plant material might become inaccessible to the poor again due to the high expenses.

In July 2002, the Nuffield Council on Bioethics published its report, “The Ethics of Patenting DNA.” approving to patent of genes but subject to rigorous tests of patentability including novelty, inventiveness, and usefulness.

Further the council recommended that the claim for DNA sequences to be used as research tools should be hindered and that gene patents should not extend to gene therapy- Inserting a normal gene / correcting or replacing the faulty gene should be considered obvious and hence not patentable.

In September 2002, Commission on Intellectual Property Rights (CIPR), set up by the British government’s Department for International Development, published its report, “Integrating Intellectual Property Rights and Development Policy.” Concluding the regime of gene patenting and other expansions in practice of Intellectual property would not be beneficial to developing nations raising the price of medicine and other amenities and further accentuating poverty.

The importance of the matter however lies in the crucial understanding and practice of patent rights which are subject to monopoly rights and dissemination of knowledge at the same time.

Edited from Sue Mayer (Director of GeneWatch UK) opinion on Source

- Priyanka Goyal

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