Genes Not Invented
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Re “Gene Issues Take Root,” editorial, July 15: The overall concept of patenting genes should be questioned.
One fundamental rule of patent law is that “prior invention” invalidates a patent. That is, something that previously existed (other than in the hands of the person applying for the patent) cannot be patented. Well, I must inform you that human genes have existed for thousands of years. The genes that make me who I am could be found in my mother or father when they were born (over 90 years ago).
Drug and biotechnology companies might patent the methods used to map human genes and any medical treatments based on those genes. Those are inventions. However, the genes themselves are discoveries and not inventions. They are indeed “prior inventions” and should not be patented.
DAVID E. ROSS
Oak Park
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