. Steve, Mark, Krista, Laurinda Is it morally right to grant ownership? 2. What impact will patents have on medical care? Gene therapy 2. Patents create powerful monopolies that can
boost costs for tests and drugs based on genes. (see
example BRCA-1 gene testing --$2400 to screen, $500 for
subsequent) 3. Might discourage research in areas that have
existing patents. 4. Public access to knowledge (ability of
researchers to build on previous work) will be limited by
patents- harm to research environment. (Possibly creating
distrust among researchers.) Proponents of patents say: 2. No patents could lead to decreased incentive
to do research or invest- Research would progress at a
slower pace. 3. Without patents, anyone can use inventions
without restrictions - with patents, the public can hold
one person (owner) responsible for unethical conduct. Solutions: Proposed by the Nuffield Council of Bioethics: The Committee agrees that the isolation of genes does not
occur naturally; therefore it is not a discovery, but an
invention. However: 2. Patents based on claims of diagnosis should
be rare (finding link between gene and disease is not an
invention); effects on gene testing. 3. Gene therapy- only inventions that invent
safe and effective methods of getting genes into tissue
should be patented. 4. No speculation of what the gene codes for -
unknown medical value. (See example on receptor CCR5) 5. O.K to patent genes whose protein products
are used directly as medicines (insulin); patent right
extends to only 1 protein. References: 1. http://news.bbc.co.uk/1/hi/sci/tech/91350.stm 2. Williams, Nigel. "New thinking on gene patents."
Current Biology, (2002)Volume12, 3 September 2002: R577-R578
Science direct. <www.sciencedirect.com> 3. www.med.upenn.edu/bioethic/wol/key_issues.shtml 4. www.healthmatters.org.uk/stories/sexton31.html .
Ethical issues:1.Who owns life?
Can life be owned?
Gene testing
Opponents of patents say:1. DNA is natural. It cannot be owned.
Genes are discoveries, not inventions.
1. Isolated DNA does not occur naturally
and without isolating and cloning gene cannot be
sequenced- therefore it is an invention.
Background information needed:
Experts/stakeholders:
1. Stricter guidelines when granting
patents- patents should be rarely be granted
Updated 3/10/03 by thatcher@sonoma.edu