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Although it seems illogical to patent something that occurs in nature, such as human genes, a few companies hold the exclusive right to certain parts of human DNA in the U.S. The ethics of gene patenting stir up a lot of legal and scientific debate.
Identification
Genes, or DNA, are the building blocks of all life and contain specific sequences of amino acids, reports the Human Genome Project. The entire human genome has not been mapped out, and some companies have applied for patents to certain genes they have found.
Function
Theoretically, the idea behind allowing people to patent gene sequences is to spur investment in mapping out and studying human DNA, which incurs considerable research.
Theories/Speculation
Gene patenting causes intense controversy because it prevents the scientific community from experimenting with certain genes lest a researcher risk a patent infringement lawsuit or pay hefty licensing fees, reports The New York Times. Gene patents can even interfere with genetic testing for certain diseases.
Time Frame
Patents on genes are like any other patent, lasting for 20 years.
Potential
As of 2008, 3 million gene patents were waiting review by the U.S. Patent Office. It can take years to review a patent application, which means even a gene currently in the public domain can become patented if applicants can prove they found it first.
Source:
Human Genome Project: Genetics and Patenting
The New York Times; Cancer Patients Challenge the Patenting of a Gene; John Schwartz; 2009
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