Did you know that parts of you may in fact be owned by companies? Well, Myriad Genetics has patented two human genes BRCA1 and BRCA2. Women who have mutations in those two genes have a significantly higher chance of developing breast or ovarian cancer and may have a higher risk of developing other types of cancers.
Here is what underlies the problem. Myriad has, even in the opinion of their opponents, undoubtedly unlocked secrets of the BRCA genes and should get the "credit" for isolating the BRCA genes. However, does that mean that should get exclusive rights to those genes, i.e. be able to preclude others from being able to research the genes without paying them a royalty.
There is a long standing principle in patent law that you cannot patent products of nature. The question here is whether an isolated human gene is a product of nature or an invention.
Here's a link to the arguments, which are fascinating.
This is a great video explaining the issues:
Here is what underlies the problem. Myriad has, even in the opinion of their opponents, undoubtedly unlocked secrets of the BRCA genes and should get the "credit" for isolating the BRCA genes. However, does that mean that should get exclusive rights to those genes, i.e. be able to preclude others from being able to research the genes without paying them a royalty.
There is a long standing principle in patent law that you cannot patent products of nature. The question here is whether an isolated human gene is a product of nature or an invention.
Here's a link to the arguments, which are fascinating.
This is a great video explaining the issues:
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