[Pharm-policy] ANDREW POLLACK: U.S. Hopes to Stem Rush Toward Patenting of Genes

[James Love]

http://www.nytimes.com/library/national/science/062800sci-genome-patents.html

June 28, 2000


U.S. Hopes to Stem Rush Toward Patenting of Genes
By ANDREW POLLACK


 [snip]

Earlier this year, for example, Human Genome Sciences, based in
Rockville, Md., was granted a patent on a gene for a protein that turned
out to serve as the entryway for the AIDS virus to infect cells, even
though the company did not know what the gene did at the time. The
gene's function was subsequently discovered by other researchers. Still,
Human Genome can receive royalties on any drug that targets this entry
portal -- or even block development of such a drug. 

"You have people who haven't contributed to subsequent discovery being
able to lay claim to those discoveries," said Rebecca S. Eisenberg, a
professor of law at the University of Michigan. 

  [snip]


Some doctors fear that genetic testing of patients could become
prohibitively expensive if each gene is patented. Research scientists
are already searching for clues to disease by seeing which genes are
active in diseased cells. But the chips used to study the matter might
become impractical if the rights to each gene had to be licensed. 

Even some big drug companies, which normally preach the importance of
patents for spurring innovation, have expressed concern about the
ramifications of patenting genes. 

Dr. Bob Levy, senior vice president for science and technology at
American Home Products, calls the gene patenting situation a
"minefield." Finding out who owns rights to what takes an increasing
amount of time, Levy said at a health care conference earlier this year
organized by Chase H&Q, an investment bank. Royalties paid to holders of
patents on genes, research mice and other tools can total 12 percent to
14 percent for a single drug, he said, making some products uneconomical
to produce. 

 [snip]

The crucial issue for patent examiners has been how much of the gene's
function must be known to satisfy the requirement that any patentable
invention be useful. Until now, the companies have filed for patents in
massive numbers without knowing the functions of many genes, claiming
that, at a minimum, they can be used as animal feed. The patent office
has granted some of these patents. 

  [snip]

=======================================================
James Love, Director           | http://www.cptech.org
Consumer Project on Technology | mailto:love@cptech.org 
P.O. Box 19367                 | voice: 1.202.387.8030
Washington, DC 20036           | fax:   1.202.234.5176
=======================================================