Genes for sale

By Lisa Cardy

SCIENTISTS across the world are racing to be the first to patent the make up of hundreds of thousands of genes.

But already, controversy is building over the use of the information.

Patents on more than 500,000 genes from living organisms have been applied for in Europe and North America over the past few months.

Patents on 161,195 human genes have now been filed and patents for a further 34,000 segments of the human genetic code were applied for in December alone.

Scientists applying for these patents claim to have identified a gene and determined what role it plays in the functioning of the human body.

Once granted, the patent owner - private company, university or charity - owns the commercial rights on any future developments involving the gene.

In some cases patents are being sought even when the function of the gene is not known, just its identity.

Scientists applying for patents claim they are essential for guaranteeing future genetic research. They argue patents ensure that they are able to recoup the large sums of money spent on the research, money that can then be reinvested for future development of genetic information.

But opponents claim that rather than safe guarding future research, it endangers it. Anyone wishing to carry out research and development on a gene covered by a patent will have to pay large fees to its owner.

There is also controversy concerning the patenting of genes whose function is as yet unknown.

Opponents claim that merely identifying a gene does not involve a large expenditure. Researching and developing it does and having to pay fees to the patent owner could be prohibitively expensive.

There are also those who argue that genes should not be patentable at all, as they are discoveries, and not inventions, the main criteria for patenting.

The situation is confused further by the speed of development within the relatively new field of genetics. There is a lack of legal precedent and protection, laws are new and complicated and companies are taking advantage of this.

If it goes unchecked, some experts say that using even basic genetic information will be prohibitively expensive.

What do you think Is it justifiable to patent human genetic code Should the information be shared among researchers or can companies be allowed to make money from their patents Join The AnswerBank discussions and have your say.