Gene patenting is a wide term referred to the patenting of genetic sequences, such as DNA and RNA and to the alternative forms of DNA, such as cDNA. Gene patenting is the solely rights to a specific sequence of DNA or a gene that is given by the government to a particular individual, or an organization who claims to discover the gene. A gene patent is a patent on a sequenced fragment of a particular genome. The criterion for the gene patenting are:
(i) identifying novel genetic sequences,
(ii) Specifying the sequence product,
(iii) specifying how the product functions in nature
Once, the gene patent is granted, the holder of the patent should dictate how the gene can be used, in both commercial such as clinical genetic testing; and in noncommercial ways which includes research for 20 years from the day of the patent. Gene patents often resulted in companies having exclusive ownership of genetic testing for patented genes.
The Supreme Court’s judgment is that, the DNA manipulated in a lab is eligible for patenting because DNA sequences altered by humans are not found in nature. The Court specifically mentioned that the ability to patent a type of DNA is called as complementary DNA (cDNA). This synthetic DNA is produced from the molecule that serves as information for synthesis of proteins (called messenger RNA).
The Supreme Court ruled that genes isolated or extracted from cells cannot be patented. Supreme Court’s takeaways for Gene Patent Decision are:
(i)Naturally occurring genes are no longer patentable.
(ii)Synthetic DNA is still fair game.
(iii)Prices for testing genetic diseases are already falling.
(iv)implications beyond human genes.
(v) easier to sequence whole genomes.
The controversial legal practice of patenting a newly revealed gene allows unique segments of DNA, which conceivably code for specific disease or a certain protein, to be owned by an individual or corporation.
Patenting genetic materials is a complex issue. The primary advantage that is associated with gene patenting is research-related. Gene patenting also helps to reduce conflicts within the medical research community, so that the focus can be more toward healing.