ACLU vs gene patents

[monsterstack]

In case you didn't know, genes can and have been patented (http://www.nytimes.com/2007/02/13/opinion/13crichton.html?ex=1329022800&en=e94c0cfca7b400fe&ei=5090&partner=rssuserland&emc=rss) [nytimes.com]. If that seems like an insane idea to you, that might just cause a huge number of problems, such as people being denied treatment for life threatening illnesses (http://www.smh.com.au/news/national/sick-babies-denied-treatment-in-dna-row/2008/11/28/1227491827171.html) [smh.com] because of intellectual property, it seems you are not alone.

The American Civil Liberties Union (ACLU) is bringing a case that challenges that (http://www.cnn.com/2009/HEALTH/05/12/us.genes.lawsuit/index.html) [cnn.com]. Slashdot (http://science.slashdot.org/article.pl?sid=09/05/13/1230215&from=rss) reports that the ACLU represent more than 150,000 geneticists, pathologists, and laboratory professionals, as well as individual researchers, breast cancer and women's health groups, and individual women."

What do people think about this?

[lethalfang]

The patent law must change. It must be clearly spelled out in legislation what cannot and should be patented.

[LowSky]

Personally I dont think patents shouldn't exist. If you can come up with an idea, and effectively market it then you should reap the benefit. It is rather amazing today when someone can walk into a Patents office and claim to be the owner of a chain of protien that naturally occurs in nature.

The human race cannot improve without all of us working together. To use the law system to discorage invention and progress is rather childish. Sooner than later I hope people start working to create rather than collect.

[lethalfang]

I'm gonna go patent the number pi and the speed of light. ):P

[Eviltechie]

Personally I dont think patents shouldn't exist. If you can come up with an idea, and effectively market it then you should reap the benefit. It is rather amazing today when someone can walk into a Patents office and claim to be the owner of a chain of protien that naturally occurs in nature.

The human race cannot improve without all of us working together. To use the law system to discorage invention and progress is rather childish. Sooner than later I hope people start working to create rather than collect.

I think that they should. If you can come up with an idea, and effectively market it, what is going to stop me from making a cheap knock-off of it? I will steal your business and you will be left for the vultures.

[Methuselah]

We get into a lot of trouble when we allow claiming ownerhip of things that are not property.
IMO, if something can be taken from you in such a way that you no longer possess it, it is your property.
Otherwise, you're trying to claim ownership of intangible things and all sorts or ridiculous cans of worms get opened.

If I break into your lab and steal your vat of protein I'm a criminal.
If I sit in my label and create a protien that you happened to have created previously I haven't stolen anyone's property.
Intellectual property is the biggest pile of refuse.
The only intellectual property anyone has is a substance of porridge-like consistency between one's ears.

[LightB]

Freakin patent trolling is the biggest business that's "protected" by IP patents.

[blastus]

Next thing, governments around the world will enact an enforcement directive wherein every human being will have to pay licensing fees on their bodies otherwise risk being prosecuted by firing squad for patent infringement.

Edit: Since the holders of gene patents also assert ownership of mutations of those genes and these mutations can cause disease, couldn't one sue the gene patent holder for causing the disease? After all, the gene patent holder asserts ownership of the gene as private property so they own the property and are therefore fully responsible for it so you could sue them saying their property caused you personal injury.

[drawkcab]

http://www.youtube.com/watch?v=lDMenqKCXdw