Earned Relevance

Which Company Owns the Patent to You?

God breathed air. God formulated water. God established gravity. God made human genes.  No one owns the rights to air, water, nor gravity, yet privately owned companies do own the rights to human genes. Your genes. Well, at least one fifth of the nearly 40,000 or so genes known to make up the human body.  Biotech companies own your genes through “gene patents” and use them to charge researchers millions of dollars to gain access to those genes to conduct disease research.

Like the old saying, “He who has ownership controls the price.”  Biotech companies control the costs associated with anyone getting access to their genes.  Access for possible research for cures to certain cancers, diabetes and other currently fatal, yet curable, diseases that kill millions of people each year across the world.  The costs to gain access are often so high -as much as $3,000 for a breast cancer test- that researchers are simply opting to study less costly diseases instead of the majors.

Furthermore, the owner of the gene that causes a specific cancer owns that type of cancer. Scientists must pay Mr. Cancer royalties to study how to cure his cancer.  Until enough money gets ponied up, your loved one will lay in a hospital bed listening to their doctor attempt to explain around the core scenario of the gene patent owner charging too much for necessary research to find a cure for your loved one’s cancer. Who in the hell wants to own cancer? How in the hell did someone get the right to own cancer?

Patents are generally awarded by the U.S. Patent and Trademark Office (USPTO) to encourage human innovation. Article 1, Section 8, Clause 8 of the US Constitution reads, “The Congress shall have power. . . To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries.”  The intent of our forefathers was to reward people for creating products and adaptations of products that made our lives more efficient and progressive.

Here’s the patentable catch about gene patents. If a scientist can identify a “new” gene sequence, USPTO will issue a gene patent. Problem is that to identify a new sequence the natural DNA must be processed and the genes worked on individually.  USPTO considers the isolated gene as no longer being in its natural state, thus patentable. Uhh, technicality.  No matter the new sequence created, it’s still comprised of natural -non-manmade -DNA.

Biotech companies are operating in the catbird’s seat.  The cost to secure a patent is peanuts compared to the royalties they can collect from licensing their gene patent.  One can only imagine that they are not looking for any changes to their ability to secure and enforce their patents.  But according to Rep. Xavier Becerra (CA) and former Rep. Dave Weldon (FL), who introduced the bipartisan Genomic Research Accessibility Act in 2007, patenting genes should come to a screeching halt altogether if passed.

According to Rep. Weldon, “The practice of gene patenting is preventing critical research from advancing because scientists are wary of trespassing patent laws…it hinders the discovery of medical breakthroughs that could save lives. Our bill is a common sense measure to ensure that genes yet unpatented remain the province of science.”

Our nation’s citizens overwhelmingly respond when put on alarm about “the man” or the companies that monopolize a particular field seemingly oppressing the meek.  The U.S. has strong antitrust laws, and aside from the law, Americans have definite opinions about strongholds.  So why aren’t we more in an uproar about profiteers owning our bodies? Maybe it’s because there are so many other more pressing issues taking center stage in the world. Possibly.

If people like Reps. Becerra and Weldon expect to generate noise to garner support for their bill, now is the time to act.  Marathons, walks, and poster contests are not going to get it.  Here’s a groundswell approach to getting on the radar of advocacy groups and citizens that would care about this issue.  The electronic media stage is prepared to facilitate educating people who care.

Humanize the Issue
Put a face on the issue by showing patients and families who are dealing with insufficient treatment and care due to the lack of cooperation of a gene patent holder.  Set-up a Youtube channel or some other online station to house your visual stories.  Include photos and audio. Give your cause a voice.  This will help America empathize with those being impacted.

Educate Us
 
People are not clamoring about possible misuse of gene patent holders because, for the most part, they are not aware of the situation, nor how to get involved.  Posting a notice on an obscure website asking people to “call their congressman” is a farce. Host town hall meetings around the country. Partner with local advocacy groups to get in front of families that are experiencing problems through the lack of disease research. Get on the road and sell your message one family at a time.

PSA & PR Campaign
 
Video and audio PSA’s are a very effective and inexpensive tool to spread a message across broadcast and online channels. Get a high-profile person to become the spokesperson. Produce a low-cost, yet well done, PSA and send out to broadcast networks. Get the message out.

YOU go on a media tour. Hit all the major morning shows and talk shows (TV and radio). Sit on the couch and plea with America to take notice.

Continue to generate support among your congress pals. If you get them excited, you’ll get the policy changes you need.  Isn’t that why you ran for the seat?

Publish essays, op-eds, and bylines in any reputable publication that will take them.  Create an online compendium of all of these items. Make it easy for us to find information to learn the status of the issue.

How bad do you want it?

Here are a few other resources to learn more about Gene Patents:

Who owns your body?
http://www.whoownsyourbody.org/genepatentbill.html

Michael Crichton
http://www.nytimes.com/2007/02/13/opinion/13crichton.html
http://www.crichton-official.com/essay-nytimes-thisessaybreaksthelaw.html

Representative Becerra Introduces Bill to Ban Gene Patenting
http://www.whoownsyourbody.org/genepatent-release.pdf