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Nov 4 2010

Justice Department says natural genes should not be patented

In a friend of the court brief, the justice department said human and other genes should not be eligible for patents because they are part of nature.

Although the brief focuses on genes for breast and ovarian cancer, and specifically excludes man-made genetic modifications like those in corn and soybeans, it could be interpreted as having some implications for food biotechnology—excluding “biopiracy,” for example.

As I explain in my book, Safe Food: The Politics of Food Safety, patents on genetically modified foods raise at least six difficult issues, biopiracy among them:

  • Ownership: the patents are often broad and owned by just a few companies. Biopiracy: this is the pejorative term for the private appropriation of public biological resources, the precise issue that elicited the justice department’s brief.
  • Enforcement: biotechnology companies use aggressive techniques to enforce their patent rights.Injustice: court decisions have consistently favored the patent rights of food biotechnology companies.
  • Biopiracy: the pejorative term for the private appropriation of public biological resources.
  • Animal rights: patenting of animal genes raises religious and ethical questions.
  • Terminator technology: the patenting of genes that prevent seed germination (meaning that farmers cannot save seeds and have to buy new ones every year)

Even with its limited scope, patent lawyers and biotechnology industry representatives hate the brief.

One patent lawyer characterized the new position as dumb. The Biotechnology Industry Organization warned that such a policy, if carried out, would “undermine U.S. global leadership and investment in the life sciences.”

No wonder they hate it.  Stocks promptly fell.

Patenting is patently unfair.

The justice department’s brief helps some, but needs to address more of the issues noted above.

Apr 28 2009

No patents on seeds!

Carmelo Ruiz, who blogs about agricultural issues from his bilingual base in Puerto Rico, sends information about the “no- patents-on-seeds” coalition.  This group of European advocates for open sharing of seeds and breeding methods has produced an excellent new report: The Future of Seeds and Food.  Here is a terrific summary of the current patent situation, the growing concentration of the seed industry, the legal situation (not pretty), and ideas for doing something about it.

Patents, says the report, block innovation and access to essential genetic resources, and they “foster market concentration, hamper competition, and serve to promote unjust monopoly rights.”  To address world hunger, open systems of plant and animal breeding would work much better.

If you, as I do, find issues of genetic patenting uncomfortably arcane, check out this report.  It makes clear why such patents matter and why something urgently needs to be done about them in Europe as well as in the U.S.