Abstract
Academic research on human milk, often funded by US governmental grants, has shown that this live substance has health benefits for infants. Since the 1980’s, researchers have been looking for the magic bullets in human milk that bestow various health benefits to breastfed infants. Molecular cloning/genetic engineering has provided researchers with a way to create components in the lab so that formula-fed infants can receive some health advantages possibly similar to those enjoyed by breastfed infants. Researchers believe that their inventions not only benefit premature and full-term infants but also may benefit children and adults in other applications.
 Research into human milk and its health benefits has resulted in numerous patents. This paper offers a brief glimpse at six of the many U.S. patents on human milk components: human lactoferrin, human milk oligosaccharides, the probiotic derived from human milk-Lactobaccillus reuteri, and 3 of the Prolacta Bioscience (the for-profit milk bank that developed the first human milk-based infant formula) patents. Questions are briefly raised about these patents. Are they patents on life? Is this biopiracy?
Highlights
This paper offers a brief glimpse at six of the many U.S patents on human milk components: human lactoferrin, human milk oligosaccharides, the probiotic derived from human milk-Lactobaccillus reuteri, and 3 of the Prolacta Bioscience patents
The corporate desire for free and natural resources to commercialize has led to the commodification of human milk components, and even human milk itself
The six patents discussed are owned by two infant formula companies, one probiotic company, one medical college, and a for-profit milk bank
Summary
“Over the last two decades, under the influence of corporations, patent laws have taken a different direction—from protecting the interests of genuine inventions and ideas to ownership of life and control over survival essentials like seed and medicine.” (Shiva, 2016). US biotech companies, US government agencies, and universities began to apply for patents on seeds, plants, and trees. (Bhargava, 2009) For thousands of years India has been using those particular seeds, plants and trees medicinally These patents were legally challenged by India and a few of them, Neem and turmeric, were revoked. While seeds and plants were of enormous interest to researchers in the United States and helped set the stage for patenting life, human milk and its components have been and continue to be of research interest resulting in patents. Biopiracy is not just the appropriation by wealthier nations of indigenous knowledge from another country It can happen when corporations/researchers patent human cells. While the original researcher did not patent the cell line, other researchers have applied for and received thousands of patents. (Devine, 2018) (Khan, 2011)
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