Germany OK's Human Gene Patents

Masem writes "According to the Oct 26, 2000 issue of Nature, Germany has allowed the patenting of human genes, or parts thereof. There is currently an initiative thoughout the EU to push similar regulation through all other member countries, but many have been slow to adopt it (shades of UCITA). Many are protesting these decisions, which they argue continues to undercut privacy and the value of a human being for commercial purposes. The Netherlands are suing the EU for even having this initiative. Particularly at issue is that subsets of the gene structures can be patented, which could lead to a number of trivial but valid patents. Germany officials say they will try to limit such subset patents to those that perform the useful function they are supposed to."

Everybody wears designer genes...

[human bean]

1. Does the fact that somebody may have the newly patented gene sequence in their body constitute prior art?

2. Since most human gene sequences are destined to make chemicals by way of insertion splicing, etc. does this mean that we as humans are violating German patent law by using these same genes ourselves?

3. Given the verbose qualities of the German language, how are they going to get the word for "patent" and the number onto the gene?

Re:Everybody wears designer genes...

[Lazarus Short]

1. Not "prior art", per se, but if the gene exists naturally, that should invalidate the patent. Otherwise, I call dibs on patenting photosyntesis.
2. I would imagine that, assuming I'm right on the first point, the answer would be no. If our bodies are already doing it, it's unpatentable.
3. LOL. Well, actually, Babelfish [altavista.com] says that "gene patent" translates to "genpatent", so you're actually saving two characters on the first bit.

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So...

[alzoron]

What happens if for some reason a natural mutation occurs and someone develops a gene that's patented? Granted it's pretty much impposible, but is that person sent a cease-and-desist letter to refrain from cell multiplying or reproducing?

what happens when...

[Artemis Entreri]

...some moron patents the gene that synthesize a certain protein...do i pay him x amount for every mL of that protein synthesized? or if someone patents the genes responsible for a certain illness...does all research grind to a halt untill the patent holder allows certain doctors the right to research the disease or condition? in some states, it is illegal for couples to have children if they both possess a geneticaly inherited disease. could this be taken a step further if the government actually owns the patent to those gene sequences? i'm not trying to sound orwelian...just concerned and somewhat amazed at what people and governments are capable of...constantly amazed actually.

Re:Everybody wears designer genes...

[Yokaze]

Sorry to say you're wrong. The law states:

"element isolated from the human body or otherwise produced by means of a technical process . . . even if the structure of that element is identical to that of a natural element".

That's what I find perverted about this law.
Imagine a person with a genetic irregularity which makes him almost immune to the HIV.
The doctor who discovers it, can obtain a patent on that gene. Although its the patient's gene.
Of course, a person with the gene isn't violating the patent, only persons who artificially using the gene.

first dibs

[darthpenguin]

I call first dibs on X and Y chromosomes!


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