Gene Patenting: What
	Vishal K. Agarwal What Are Gene Patents? Why Patent? What Are the Sides of the Argument? How Do You Patent? Who is Patenting? Related Links What are Gene Patents? A gene patent is a patent that grants an individual or a company the right to a specific sequences of DNA. One may ask, "Who might grant people the right to DNA?" As a matter of fact, the United States Patent and Trademark Office (USPTO) does. According to the most recent rules from their website, the United States Patent and Trademark Office expects its patent applications to meet three specific criteria: The invention must be novel, never before having been described in previous patents or publicly available materials The invention must serve some purpose, perhaps as a tool, drug, etc The patent application must contain sufficient detail so that someone skilled in a particular field may reproduce it.   Prior to the Human Genome Project (HGP), the thought of patenting genomic material was unheard of. However, the rapid decoding of the human genome via the Human Genome Project has inspired many companies to capitalize on the recent findings. To the surprise of many people within the scientific community, the United States Patent and Trademark Office did provide a means by which companies could capitalize on the findings of the HGP. Although the USPTO did not allow the patenting of the entire human genome sequence, as it did not satisfy the criteria, the patenting of specific base-pair sequences, or "expressed sequence tags" (ESTs), was allowed. As of June 2000, nearly 2,000 gene patents have been awarded, and more than 25,000 applications for gene patents are pending.  Why Patent? As the Human Genome Project nears completion, geneticists are beginning to look for indicators that will aid in the search for cures for AIDS, Parkinson's Disease, breast cancer, type I diabetes, and numerous other diseases. Research has proven that diseases work in complex ways, ranging from mutations of genetic sequences, to rapid termination of cell proliferation, or cell growth. As stated above, many biotech companies have sought to capitalize on the recent findings of the HGP. The practice of patenting genes, however, has raised many ethical questions regarding the ownership of genetic material. What Are The Sides of the Argument? Most fields of scientific research include a level of controversy. The field of genetics, or more specifically the issue of gene patents, is no exception. On March 14, 2000, President Bill Clinton and Prime Minister Tony Blair of Great Britain issued a joint statement in which they declared that information provided by the human genome is public property. The Clinton-Blair statement went on to declare that, "To realize the full promise of this research, raw fundamental data on the human genome, including the human DNA sequence and its variations, should be made freely available to scientists everywhere." The remarks of both leaders urged many biotech companies to step forward and defend their positions on attaining gene patents. Craig Venter, president of Celera Genomics responded by stating, "People think that patenting genes is patenting life, that's the cliché you constantly hear. But genes are not life. They're just strips of chemical information that can be used in lots of important ways." However, many gene sequences that could be used for medical cures may be patented sequences, and the use of these sequences would require paying the patent holder to use the sequence, thus limiting or delaying much-needed cures. William A. Haseltine, CEO of Human Genome Sciences composed a brief article discussing the ongoing battle between those against and those for gene patents. The ongoing battle surrounding gene patents will not end any time soon. For every new gene discovered that might hold the key to understanding life itself, one company will seek to patent it while many people may seek to make that information public.  How do you Patent? Gene patenting is very similar to patenting something you might have conjured up in your garage: You find or create something unique that serves a purpose, you explain the relevance, and you apply for a patent. Someone who wishes to attain a gene patent must first decode the nucleotide base-pair sequence of the gene they are interested in. From there, they must ascertain the relevance of that gene: whether it encodes a protein, a protein repressor, an activator of some sort, etc. Only then can they apply for a gene patent. For specific details on how to go about applying for a patent, see Related Links. Who is Patenting? Many biotech companies, including Lynx Therapeutics Inc., Celera Genomics , and Human Genome Sciences , just to name a few, are looking to attain gene patents. The number of pending gene patent applications is on the rise. One of the most prominent companies involved in gene patents is Human Genome Sciences; this company has already been issued nearly 160 patents by the United States Patent and Trademark Office.  Links for More Information About Gene Patents For specific information involving the patenting process visit www.uspto.gov   For current listing of HGSI gene patents see www.hgsi.com/patents/index.html For all of you conspiracy theorists: Check out Be Patent Wise! - Visit www.derwent.com Sources Image from: http://academy.d20.co.edu