The Gene Patenting Controversy

Jeremy Sklarzyk,Mahnoor Shah,Nasteha Abdullahi,Emma Jameson

doi:10.33137/jaste.v5i1.34267

Abstract

Genes are found in every living thing. They make us who we are. In the modern age of rapid technological advances, it is common for new discoveries to be patented for profit. A question arises. Does finding and isolating a human gene make it patentable by a company? This question has spurred much controversy over the last few years. Last year, a medical company called Myriad Genetics tried to patent the human gene that is responsible for breast cancer. To further understand the opinions of the public with regards to the issue of gene patenting, we conducted a study in one high school in Mississauga. Our results showed that the majority of teenagers are against gene patenting. However, we learned that teens knew very little about this issue. This motivated us to take action by making two informational videos on gene patenting to spread awareness among our peers and the wider community. In addition, we reached out to a group called Breast Cancer Association (BCA) by writing a letter to express our solidarity. We received a ‘thank you’ reply for BCA shortly after the U.S. Supreme

Highlights

In the 1990s, Myriad Genetics patented the BRCA1 and BRCA2 genes (De Vouge, 2013)
BRCA genes are linked to breast, ovarian, and many other types of cancers
Scientists and companies that have devoted their time to studying the BRCA genes will have to focus their attention onto new research as they are currently and legally not allowed to conduct studies on the BRCA genes (De Vouge, 2013)

Summary

Introduction

In the 1990s, Myriad Genetics patented the BRCA1 and BRCA2 genes (De Vouge, 2013). BRCA genes are linked to breast, ovarian, and many other types of cancers. One of the main issues with gene patenting is whether or not the patent itself is valid; a gene is a discovery, not an invention (Franco, n.d.) Myriad claims they only have patents on the man-made isolated copies of the BRCA genes, making them patentable because they are not naturally occurring. Myriad should patent the technology for isolating genes and not the genes themselves (Huffington Post Live, 2013) Another big issue in the gene patenting controversy is the pricing of the testing of the BRCA genes conducted by Myriad Genetics. The patent has a big impact on society as people are legally not allowed to be tested for the BRCA genes by anyone other than Myriad Genetics or companies that have purchased rights from Myriad to test for the genes. This means that only rich in our society could afford to be tested, and this is not fair to the rest of the population

Our Study

Data Analysis and Interpretation

Findings

Taking Action!