Patenting any genes, or just natural ones? What about novel applications of existing genes?
I probably don't have a big problem with someone creating an artificial gene and then patenting its use, and I'm not sure I have a problem with someone patenting a random jellyfish gene for fluorescence for use in making glow-in-the-dark corn, or for patenting the use of an apparently useless gene for some discovered utility in another species.
I would have a problem with someone patenting a gene with an existing "use" for that specific use. That is, I don't think someone should be able to patent the use of a "blue eyes gene" for the purpose of giving someone blue eyes. There's no invention there.
On the other hand, playing devil's advocate, why not incentivise the discovery of genes that confer some benefit? The long-run benefit of those discoveries would no doubt outweigh any short-term monopoly costs, and research (both statistically and into applications) would definitely result.
Any, to be honest. I understand that this might greatly reduce the interest in gene discovery but I think putting a legal constraint on something that is then released into the wild and self-propagated can only lead to problems.
It's a somewhat unreasonable stance I admit but I feel the problems caused would outweigh the supposed benefits.
I'm also starting to be against patents in general so it may be a more general shift in my attitude.
You can't patent natural genes for their natural uses. The controversial thing is patenting the process of using particular gene sequences in order to diagnose particular conditions.
Are you sure about that? I might be wrong, but IIRC, Monsanto's RoundUp-Ready Corn was said to be only transgenetically modified (i.e. the Genetically Modified part of the corn came from another organism's genes), but was patent-protected.
I probably don't have a big problem with someone creating an artificial gene and then patenting its use, and I'm not sure I have a problem with someone patenting a random jellyfish gene for fluorescence for use in making glow-in-the-dark corn, or for patenting the use of an apparently useless gene for some discovered utility in another species.
I would have a problem with someone patenting a gene with an existing "use" for that specific use. That is, I don't think someone should be able to patent the use of a "blue eyes gene" for the purpose of giving someone blue eyes. There's no invention there.
On the other hand, playing devil's advocate, why not incentivise the discovery of genes that confer some benefit? The long-run benefit of those discoveries would no doubt outweigh any short-term monopoly costs, and research (both statistically and into applications) would definitely result.