by Alicia M Prater PhD

Created on: April 11, 2008   Last Updated: December 27, 2008

There are approximately 24,000 human genes encoding every protein and structure in the human body, including the metabolic enzymes, the proteins and structures of cell division, the keratin protecting skin cells, the plasma proteins carrying nutrients through the blood, the synaptic structures of the brain, and enzymes that respond to the electrical signals the brain interprets for actions and reactions.

The sequencing of the human genome and research studies isolating variant gene sequences have opened the door to questions of propriety and to debate over who owns the information. Some of these concerns are based on ethical questions of who should receive funds from patents and whether appropriate research can be done when one institution or company controls the information about genes involved in disease susceptibility. The main problem with patenting human genes is that the information is new, but the genes are not a unique development by the scientists. Patenting human genes would be like patenting a new species discovered in the rainforest. Though it is considered a way to raise funds and encourage the biotech industry, patenting human genes would be detrimental to both patients and science.

Biotech and Big Pharma Interest

Every gene is copied when cells divide, though not every gene sequence is decoded to produce gene products (proteins). The portion of the genome translated depends on the need of the cell, tissue, organ, and/or the whole organism in a delicately balanced process maintained by the genetic products themselves. Because of this intricate balance, many genes have been associated with diseases and are the target of pharmaceutical therapies or dietary manipulations. For example, high blood pressure is often a problem with the genes encoding proteins of the renin-angiotensin system. These genes are turned on or off by certain environmental factors, such as salt or water balance. Manipulating these factors through diet or blocking the interaction of these factors with medication are two types of therapy for patients with hypertension. There have been a number of genes found to have mutations that affect the activity of this system and others, indicating potential screening methods for disease.

If genes are patented in a process bestowing copyright to the researcher(s) who discerned the sequence of the original gene or any of the variants involved, then any treatment such as that described above would be subject to royalty payments. This would be

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