What limits should be placed on patenting interventions on the genotype?
There should be clear limits on any patenting in this area. The current proposal excludes from patentability any methods of germ line gene therapy on humans, such as any intervention on the genotype of a fertilised human egg.
However, inventions relating to somatic gene therapy (that is, intervention on defective genes in cells without changing heredity) should be patentable because otherwise, promising opportunities would be missed for using biotechnology to develop new treatments for cancer and other diseases that continue to cause considerable suffering and to kill.
A society with needs and problems, and with a vision of how to respond, will encourage research that could come up with answers. Diseases have been conquered by discovery and invention, but there are still many diseases that continue to pose problems. Finding out about the genes related to these diseases is a first step towards understanding and can accelerate the process of finding effective means of prevention and treatment.
The full potential value of mapping and sequencing the human genome cannot even be guessed at today. But a better understanding of the human genome will assist understanding of the causes of disease and offer wider opportunities for developing effective means of preventing and treating diseases.
The biotech patents directive also takes account of general ethical principles, such as in the proviso that no invention may be patented if this could breach public order or morality. In addition, the directive excludes from patentability any processes for modifying the genetic identity of animals which are likely to cause them disproportionate suffering or physical handicaps without substantial medical benefits to man or animal. It also precludes the patenting of any animals resulting from such processes.
However, inventions relating to somatic gene therapy (that is, intervention on defective genes in cells without changing heredity) should be patentable because otherwise, promising opportunities would be missed for using biotechnology to develop new treatments for cancer and other diseases that continue to cause considerable suffering and to kill.
A society with needs and problems, and with a vision of how to respond, will encourage research that could come up with answers. Diseases have been conquered by discovery and invention, but there are still many diseases that continue to pose problems. Finding out about the genes related to these diseases is a first step towards understanding and can accelerate the process of finding effective means of prevention and treatment.
The full potential value of mapping and sequencing the human genome cannot even be guessed at today. But a better understanding of the human genome will assist understanding of the causes of disease and offer wider opportunities for developing effective means of preventing and treating diseases.
The biotech patents directive also takes account of general ethical principles, such as in the proviso that no invention may be patented if this could breach public order or morality. In addition, the directive excludes from patentability any processes for modifying the genetic identity of animals which are likely to cause them disproportionate suffering or physical handicaps without substantial medical benefits to man or animal. It also precludes the patenting of any animals resulting from such processes.
