Maybe You Don't Own Yourself...

As you may have noticed in previous posts, I enjoy watching 60 Minutes every Sunday on CBS and I was on their website today watching an old story about patenting genes. They began by covering the story of Myriad Laboratories, a company that has patented a couple of genes that have proven extremely significant in relation to cancer, specifically breast cancer. This patent like an invention, means that no other company can test, work with or even develop therapies towards these genes without Myriad’s consent. But this is very different from any invention because the gene in question here, can be found in any woman who has ever genetically inherited breast cancer. Essentially, Myriad didn’t invent anything; it just found something we were long looking for that thousands of women have already owned.

Today, almost 10,000 genes have been individually patented accounting to a grand total of about a third of all human genes. That’s right, companies across the world hold the write to examine and experiment with about a third of each and every one of our bodies. This reminded me of the case of corn planted on farms across the United States and elsewhere which contains patented genes that prevent disease. These patents have come to the point that farmers cannot replant seed and must buy it for each year and further, they must prevent cross pollination of the gene to the corn of farmers who haven’t bought it. If we were to extend this to humans the implications sound absolutely crazy. If a member of a couple bought a gene from Myriad for example that somehow prevented all cancer, would the couple have to pay to have children who would inherit the gene. It’s absurd but could be a very real problem in the future.

For now, these patents have been condemned for preventing advancement. For as long as Myriad has owned the genes it does, research within breast cancer has come to an effective stand still outside of the company which fiercely protects its patent. However, if such protections didn’t exist there exists the very real possibility that the economic incentive to investigate grave disease wouldn’t exist. So the question arises if our system of rewarding discovery is preventing the potential for future discovery and many would say it does. So how do we solve this problem?