US patent application stirs up gene hunters

Abstract

US patent application stirs up gene hunters• NIH researcher files for 337 genes at one time • When should a gene be patentable? Washingtonlinked to some form of cancer, Alzheimer's UNTIL this summer, no one worried much disease or some other genetic defect.about patenting human genes.Cystic fi-"If these things are patentable, there's brosis, muscular dystrophy, Huntington's going to be an enormous cDNA arms disease, whatever -map it, sequence it, race," predicted Max Hensley, senior attake it to the patent office.Unless some-tomey for the biotechnology company one complained about apportionment of Genentech, at a gene sequencing confercredit, gene patenting was business as ence in South Carolina last month.Hensley usual.thinks that might not be such a bad thing.Then,on20June,Craig Venter dropped "If we get an entire cDNA library, what's a 400-page application on the US Patent wrong with that?"But many other influ-Office.With a single filing, Venter re-ential people find plenty not to like about quested patents for 337 new human genes Venter's work, cDNA sequencing and the -DNA fragments that his automatic gene prospect of patenting genes by the pound.sequencers at the National Institutes of "I think it's a terrible idea," says Health (NIH) had cranked out in just Maynard Olson, a Washington University months, almost unaided.In a few years, he geneticist and member of the Genome said, he could come back with most of Project's advisory panel."If the law is genes in the entire human genome.interpreted to give intellectual property Now, three months later, gene hunters rights for naked DNA sequences, then the are bracing for a patent 'gold rush' .Re-law should be changed.It's like trying to searchers around the world have suddenly patent the periodic table.To put patent developed an interest in the working of the value on cream-skimming is sending en-Patent Office -as well as in Venter's tirely the wrong signal.Scientists who simple technique, which is based on se-advocate such approaches are playing with quencing only the DNA that is actually fire."James Watson, director of the Naexpressed in an organism, known as tional Center for Human Genome Recomplementary DNA, or cDNA.With a search at NIH, has called cDN A patenting laboratory full of robotic gene machines, "outrageous".Ventercansequence75kilobasesofcDNA Some scientists argue that the wholea day, including perhaps 100 new genes.sale patenting of DNA sequences when He has virtually no idea what the indi-their function is still unknown is an abuse victual genes do, but they must do some-of the patent system."Patent law wasn't thing.Any given one of them could be designed to be a kind of lottery where one