I’ve never been a fan of “gene patents.” Patents are for humans who invent something, and who need protection while they take their investment in that invention and turn it into practice that benefits the world.
No human has yet “invented” a gene. Nature invented genes (unless you’re a creationist, then you can blame it on God). There is no “protection” needed while you develop your discovery into practical form. It is already in practical form!
I’m just sad that it took so long for this to happen, but finally, a judge has invalidated all gene patents.
To be clear, I’m all for biotech companies making a buck. Without biotech companies making lots of bucks, many of the discoveries that we make in science labs would never be put into any use in the real world.
But the “making a buck” should be based on “adding value” to the world.
“Discovering” a gene isn’t adding much value to the world. It is what you do with that gene that may add value, e.g. if you turn that discovery into a useful drug (which is patentable).
Hurray! One more notch towards sanity in the patent process. Unfortunately, I’m sure there will be a long slew of appeals on this one. I will be sending my thought-power-over-the-universe towards making sure that in those appeals, sanity is maintained. Send your thought-power too!
To read more, visit https://www.techdirt.com/articles/20100329/1506458769.shtml
