Gene ownership involves a patent on a particular isolated gene sequence that has been modified, the techniques, and processes of attaining it. The rights to a specific sequence of a gene are given by the government, to an individual, organization, or company that asserts to be the first to discover the DNA. The ownership is given to the inventors for the new, out of the obvious, and useful discoveries. Currently, almost 30,000 human genes are patented in the United States (Brown et al., 2019). Most of the genes involved in cancer, early spinal cord development, and gene for the histamine receptor are also patented. This paper focuses on discussing gene ownership while giving an opinion regarding the article.
The article discusses the ownership of different genes by various corporations and organizations. In my opinion, the patent to the human genome is morally wrong. The human DNA symbolizes the essentiality of human dignity. Therefore, it is not right to ignore the widespread concern of how to deal with the building blocks of human lives (McMahon, 2019). Most owned genes produce the best therapeutics for improving human well-being. Therefore, when an individual, corporation, and organizations express the reservations for patenting genes, they are responding to the notion of owning something fundamental to human life. It also shows that human genes are treated as commodities.
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The statement “ What can be patented is purified DNA containing the sequence of the gene and techniques that allow the study of the genes” means that only isolated genes can be owned. The DNA manipulated in a laboratory is eligible for patenting as the DNA sequences altered by humans are not found in nature. Purifying DNA involves lysating the cells and tissue samples using the most appropriate procedure, such as mechanical disruption, enzymatic digestion, or chemical treatment (Brown et al., 2019) . The nucleic acids are then isolated from the contaminants and then precipitated in a preferred solution. The techniques of purifying the genome and DNA include salting out by using a comostrope, extraction by the use of organic solvents and chaotropes, and affinity techniques using the triple helix affinity. There are also anion exchange techniques and hydroxyapatite strategies. Therefore, for companies, individuals, and corporations to gain patent to the DNA, it must have gone through the processes of isolation.
Additionally, the patented genes from purification are as a result of an invention by companies. It enables exclusive segments of DNA that code for an ailment or protein to be invented by the individuals (Brown et al., 2019) . The individuals involved in isolating the gene sequences lure potential patents to be creative to acquire a patent for their work. By purifying DNA samples, there is an increase in the probability of preserving the quality and the purity of the nucleic acids. Therefore, only the purified DNA and the techniques that allow the study of the genes can be patented.
The patenting of genes will impact medicine and science in the next 30 years in that it will sabotage the fields. The licensing of DNA is fast evolving. There is a possibility of corporate ownership of human genes, which limits doctors' ability to diagnose and treat specific diseases. Companies are fast gaining patent to essential genes, including genes, for assessing the early onset of ovarian and breast cancer (Brown et al., 2019) . The gene patents covering the medically critical tests continue being licensed cheaply and easily. Genetic technology continues to advance to a point where corporations own copyrights. The new medical genetic technologies, such as the genome sequences, are being integrated into the medical practice but are, however, covered by patent protection.
Moreover, various companies such as the Myriad Genetics are refusing to out-license their patents to the other clinical laboratories, which could impact medicine in the next 30 years. In case most of the corporations owning the patents refuse to out-license to the medical practitioners, the field is threatened (Pozo, 2017). There will also be full gene patents to therapeutics with no alternatives available. There are technologies for genotyping and gene expression that are owned by corporations, and individuals are rapidly advancing. In the future, they will displace the genetic techniques of testing that have been freely used in medicine. Therefore, medicine will be sabotaged.
Besides, most science research will be abandoned due to the fear of infringing patents. There will also be difficulties in arranging licenses due to the multiple overlapping patents related to the field (Pozo, 2017). There is also a trend of copyright to the gene sequencing machines, which are essential in science. Therefore, the trend will sabotage science, as most researchers will not be able to access them. The intellectual property law will also have expanded to give more patents to corporations, thus restricting science.
The gene patent is ethical. When deciding the ethicality of the gene patent, the utilitarian principle is applied, which shows factual uncertainty. There are severe consequences of abandoning patents, including the fact that research and other medical advances will be held back. There will be fewer companies and corporations conducting purification of genes as they will not gain anything from their inventions (McMahon, 2019). The patentability of the genes also has criteria that include the attributes of novelty, non-obviousness, and utility. Patent encourages research into human genes that are beneficial to most people. Globally, the nations supporting patenting are the most successful in generating research and inventing new products for use in the medical field. Therefore, the commercialization of gene patent approaches is wrong, but it is ethical.
Conclusion
Gene ownership gives exclusive rights to a particular DNA sequence to an individual, corporation, and company. However, only purified DNA can be patented. Currently, most companies that are first to identify a gene are given the patent. However, the trend will have a negative impact on medicine and science as it will hinder the use of various genes in treating diseases and restrict research related to the patented genes. Ethically, the approach is right as it leads to the improved medical field, which may be used to diagnose and treat different conditions.
References
Brown, W. H., Farrell, S. O., Bettelheim, F. A., Campbell, M. K., & Torres, O. J. (2019). Introduction to General, Organic, and Biochemistry . Brooks/Cole. https://chemistry.com.pk/books/introduction-to-general-organic-and-biochemistry-9e/
Pozo, M. D. (2017). Patenting Genes: The Requirement of Industrial Application . Edward Elgar Publishing. https://www.e-elgar.com/shop/gbp/patenting-genes-9781786433947.html
McMahon, A. (2019). Gene Patents and the Marginalisation of Ethical Issues. European Intellectual Property Review (Forthcoming, 2019) . https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3380452
