If you had a gene that could cause a fatal disease, you would want to know, right? And therefore, if some piece of legislation were in the way of your being able to find out, you would obviously want it changed. This premise is what has led to a recent lawsuit, in which The American Civil Liberties Union (ACLU) and the Public Patent Foundation (PUBPAT)—on behalf of women’s health groups, individual women, and numerous scientific associations—have challenged the constitutionality of gene patents held by Myriad Genetics and the University of Utah Research Foundation. Currently, 20% of human genes have been patented; however, the genes in this particular case have proven to play roles in hereditary breast and ovarian cancers. The fact that research and diagnoses may be hindered by their being patented is what has brought the lawsuit.
By patenting these genes, Myriad retains exclusive rights to perform diagnostic tests on BRCA1 and BRCA2, as well as rights to future mutations discovered on the BRCA2 gene. The lawsuit against Myriad et al. alleges that such exclusive control over these genes both impedes and discourages scientific research. With access to the gene initially blocked and guaranteed loss of rights to any findings, what would motivate a researcher to investigate these genes?
Furthermore, the lawsuit argues that Myriad’s monopolistic control over BRCA1 and BRCA2 hampers clinical diagnosis. Myriad charges $3,000 for its diagnostic cancer test—a price that many women cannot afford. For those patients who can pay, they are prohibited from getting second opinions or seeking additional testing elsewhere because, by law, only Myriad has access to these genes.
The lawsuit against Myriad argues that the company has patented the association between mutations conferring an increased risk of breast or ovarian cancer—in effect, patenting an idea, scientific fact, or piece of knowledge. “That’s a violation of the First Amendment,” says Tania Simoncelli, an advisor to ACLU, “because [it's as if] the government has issued a patent on thought or knowledge.” Yet, what the lawsuit essentially boils down to is the question of whether capitalism is getting in the way of moral obligations and constitutional rights. What information should be morally permissible to restrict (in this case, through patenting)? Do human genes deserve special status?
“Patents are meant to protect inventions, not things that exist in nature,” says Chris Hansen, an attorney for ACLU. Likewise, Daniel Ravicher, Executive Director of PUBPAT follows that, “Genes are identified, not invented, and patenting genetic sequences is like patenting blood, air, or e=mc2”. However, no one has challenged patents on other organisms genes or “natural substances” (purified forms of antibiotics that exist naturally in fungi, for instance). Thus, the assumption is that the human genome is “sacred.”
For further reading on this interesting and controversial subject:




Having trouble with an experiment? Wondering what protocol to use? Simply curious about recent news in Molecular or Cell Biology?
The very term “biofuel” seems to imply an automatic environmental gold star. These gas or liquid fuels, made from plant material, are distinguishable from fossil fuels because biofuels are renewable, while fossil fuels are not. Thus, biofuels are lauded as environmentally sustainable because of this renewable (replantable!) quality, and also as environmentally friendly because they should, purportedly, reduce greenhouse gases. Plants absorb carbon dioxide as they grow, so by using them as fuel, we are essentially creating a sponge-like system that “soaks up” and “wrings out” carbon dioxide, rather than continuing to twist the nozzle on the faucet that has been dumping carbon dioxide into our atmosphere for over a century.
The new Star Trek film is out, and with all that intergalactic space-time mumbo jumbo floating around, now seems an appropriate time to separate fact from fiction. After all, some of the “futuristic” technology is clearly available today. “Communicators?” We have iPhones. “Universal translation devices?” Although they may turn out some muddled results, Google Translator and Yahoo! Babel Fish can accomplish the basics.
Last but certainly not least, we must address transporters—or, as they are more popularly known, teleporters. In Star Trek, teleportation works by disassembling a person down to the atomic level, converting them into energy, and then “beaming” them to the new location. In reality, however, there are several issues with this concept. First of all, disassembling a human being at the atomic level would require heating them up to a billion degrees. Then, turning those particles into energy would require energy equivalent to something along the lines of a 1,000 megaton nuclear weapon—not exactly practical if this technology is intended for mass transportation. Finally, Star Trek’s method of teleportation is receiverless—that is, no device is necessary to deposit the particles at their destination so long as a “signal” is available. However, according to the theory of quantum teleportation—which does exist in modern-day reality—a receiver would be necessary at the other end of the “trip.”
With Paula Abdul hogging the limelight and swines taking over the press, Snowball has had to find another way into mainstream media. Luckily, he has YouTube videos and science journals to help him.