Pros and Cons of Gene Patenting

Gene patenting is quite common in the

medical field today, however, it is still
surrounded by many controversies. In this
Buzzle article, we will discuss what is gene
patenting and what are its positive and
negative aspects.

Did you know?

The U.S. Patent and Trademark Office (USPTO)
has granted thousands of patents on human
genes. Till now, about 20 percent of our genes
are patented.A gene patent can be done on a
specific sequence of the gene, its chemical
composition, or the method to process or
obtain it. Natural genes cannot be patented.
Only the ones which are artificially prepared
or are transformed into something useful and
new, can be patented. The criteria of
patenting any gene is that the DNA should be

isolated and purified, after which, it is

modified and should possess some different
and new qualities. It should also have an
application. The major difference between the
natural gene and the new gene is that the
new created one should be capable of doing
things which are not possible with a natural
gene. The new gene can be further used for
vaccines and other therapeutic processes.
The patent is done for limited period of time
which is usually 20 years. Before granting the
patent, the company should provide all the
details, including the biological detail and
structure of the gene to the U.S. Patent and
Trademark Office (USPTO). They may even
take 3 years to issue the patent. Once they
get the patent, they need to submit the
invention in one of the 26 worldwide culture
depositories. Though gene patenting is quite
common nowadays, it is still under huge
controversy. Following are some of the gene
patenting pros and cons that will help you to
understand why gene patenting is under

controversy.
Pros of Gene Patenting
The most common and well-known benefit
of patenting gene is to encourage research
and development in the private sector. By
this, the companies try their best to get a
better sequence and work harder towards the
welfare of the society.
There is no conflict between the invention
of a gene by two companies. It also saves the
efforts of two companies working on the same
concept at the same time.
Reward and recognition is given to the right
company for their efforts, as the gene is
patented on their name, and no one else can
use the same sequence in their experiments.
After getting the patent, people can know
about the invention and can try to make
improvements and development in the same
area.
Illegal use of the new sequence can be
avoided once the invention gets patented.
Inventors invest on the patented gene

which solves the financial problems to carry

on the research and development work. It is
of great advantage to small companies.
Cons of Gene Patenting
The biggest disadvantage of gene patenting
is that, it reserves the right of using the gene
in research and development only to the
company on which the patent is registered.
This hinders research and badly misses out
the potential of other companies from making
some great and important inventions.
Monopolization of the gene is the second
concern. Companies holding the patent may
or may not allow other companies to work on
the gene. If they reject, then no company can
work on it. This results monopoly of one
company over the gene.
Delay in getting the results. If a patient
wants a test to be done on a patented gene,
the samples will be sent only to the company
which has the patent rights. This slows down
the process and the patient will have to suffer
the inconvenience, which may even cost him
his life.

 The patent may be granted after 1 to 3

years from the date of application, and till
then, the gene sequence is kept secret. There
is a possibility that some other companies
may be working on the same gene. This may
lead to loss of capital and time for the others.
Patented gene adds up the cost of the drug
because of the royalty, which directly affect
the consumers. Sometimes, a single genome
sequence may be patented in several ways
like EST (expressed sequence tag), SNP
(single nucleotide polymorphisms), and a
gene. This also increases the royalty, as it is
then paid to each patent holder, which again
increase the cost of the drug.
All the researched work and the patents are
deposited in the GenBank (a public database).
This helps them to avoid overlapping of ideas
and inventions.
To conclude, we can say that gene patenting
should be one of the ways to help the
mankind rather than a way to make huge
profits. There are many people who actually

need improved version of the genes to fight

against many diseases. So, instead of jumping
in the race to earn money, welfare of the
society should be the first priority.
By Niharika Arya
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