What makes a gene human? Is it a gene that we have? What if chimpanzees, or elephants or even fish have it?
Nearly all of the genes in your body are shared by at least one other organism. New, exclusive genes, are actually very rare. With this being said, you can't really claim that their is a thing as human genes. Even in the rare chance that an organism develops a new gene, it is only a matter of time before other organisms pick up this gene as well.
The theory of horizontal-gene-transfer, as recently proven by Dr. Michael Deem, shows that genes are being shared between all the organisms on the planet. The homogeneous nature of genetics suggests that not only have we all evolved from the same genetic source, but that we continue to evolve through the sharing of the global gene pool.
Keep in mind that patents aren't eternal, they expire. Also, not all genes are useful, or have value. During the Human Genome Project, thousands of genes a day were being patented, even though they had no idea what those genes did.
Since then, how many of those genes have been marketed and sold as products? Very few. In all likelihood, those patents will expire before they've found a marketable product to sell.
With the investment in equipment, training, research, and patent application fee's I think that a company has the right to make a profit from its discovery. With the financial risks involved, companies need the incentive to continue this research.
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