The following is an excerpt.
Genes naturally come from the human body and natural products cannot be patented. Claiming to own something which belongs to every human is neither moral nor legal.
Before the ACLU can claim victory though, the practical consequences should be considered. The patent system exists to encourage innovation. By giving a monopoly to new inventions, individuals are encouraged to innovate and investors are encourages to invest in these attempts to make new products. Since the first company to get it patented will maintain the monopoly, competition is about speed as much as quality. Multiple companies will work on an idea, and then race to get it patented. The United States has led the world in scientific innovation partly because the patient system creates great incentives for scientific innovation.
Read the full post here: Why the U.S. Supreme Court Should Allow Human Gene Patents
Further Reading:
- The great gene-patent debate continues: Does it help or hinder research? Nature News.
- Bowman v Monsanto: Genetic innovation in the crosshairs? Genetic Literacy Project.
- Has the pace of genetics research rendered the Myriad case obsolete? Genetic Literacy Project.
