In defence of gene patents

Abstract

For two years the Nuffield Council of Bioethics has scrutinised the pros and cons of gene patenting in the healthcare industry. The Council recently published its findings, saying that too many patents have been granted on gene sequences and, in future, gene patents 'should be the exception rather than the rule'. The Council's recommendations even go as far as to propose the discontinuance of monopoly rights on existing gene patents for certain applications such as diagnostic tools. The consequences of curtailing patent rights could have a deleterious effect on the healthcare industry where patents are essential for recovering the investment made in drug discovery. Furthermore, it could lead to a 'dark age' where the human gene sequences responsible for disease are kept secret by a minority of the industry players. In its defence, the patent system is a very sophisticated, self-correcting system with safeguards to protect society from unwarranted monopolies. Its purpose is to put every scientific advance into the public domain with the trade-off of a time-limited monopoly awarded to the proprietor.