The absurdity of patenting genes
This week the Association for Molecular Pathology, working with the American Civil Liberties Union, won a major victory, overturning some of the patents owned by a company called Myriad on the BRCA1 gene for breast cancer. There are three reasons why gene patents like these are stupid: only the last one is funny.
Patents are a sensible idea, because people are more likely to invest in innovation if they believe it will give them a competitive advantage over other people, and because patents allow people to share their discoveries safely, instead of monetising their advantage by keeping a discovery secret. But patents also act as a barrier to innovation, and gene patents bring these disadvantages into stark relief.
Different people have slightly different forms of the BRCA1 gene, and these confer different risks for breast cancer, so doctors like to run tests and see which form you have.
Myriad were not granted a patent on these tests: instead they got a patent on the BRCA1 genes themselves, which are out there, present in humanity, and naturally-occurring. This has had a chilling effect on clinical activity and research.