DNA: Patent Pending

As the race to discover the keys to unlock genetic mysteries rages, and as more an more companies jump on the bandwagon to map the genome and find genetic cures, the U.S. Patent Office is being bombarded by thousands of patent applications each year. Companies not only want protection for their discoveries, but some want to reap the sole rewards as well. But how can DNA be patented if it technically wasn't invented?

The U.S. Patent Office places three stipulations on all patent applicants:

1. The invention must be new.
2. The invention can't be obvious; it can't exist in a natural state like a plant, animal, or something found on/in the body.
3. The invention must be useful.

DNA sequences qualify as patentable items because (1) the sequences have never before been discovered; (2) even though DNA is found in the body, it isn't obvious; and (3) DNA sequences are potentially useful in finding other sequences or in medicine. Sometimes, different companies can patent the same DNA strands simply because the strands were discovered using different methods. These methods themselves can even be patented. A very fine line - with shades of gray on either side - determines what is patentable and what is not.

Some research and pharmaceutical companies such as the National Institute of Health (which operates the National Human Genome Research Institute) and Merck, do not believe in widespread patenting of DNA discoveries. These companies and organizations feel that patents only hinder genetic advancement and say that when scientists try to map a gene, they often encounter patent roadblocks which force them to pay licensing fees. In a show of goodwill, Merck, one of the world's largest pharmaceutical corporations, released all of its 700,000 patented sequences into the public domain. Most companies believe otherwise, though. Genetic information brings in billions of dollars in revenue and has the potential for even more in the near future.

Patent laws expire after seventeen years in the U.S. which will eventually give everyone access to the information. So far, the U.S. Patent Office has approved 1,500 applications for DNA sequences.