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Law
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English (U.K.)
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Topic:

Concerns About Gene Patenting

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References are footnoted

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Concerns About Gene Patenting
Question 6:
We Should Allow Human Genes to be Patented Without Restriction? The Strict Application of the Novelty and Industrial Applicability Should be Sufficient to Resolve all the Reasonable Concerns about Gene Patenting
The human gene is a fundamental physical and functional unit of heredity. Genes are segments made up of deoxyribonucleic acid that provide a mandate to the cell for making a particular protein that carries a particular function in the human body but not all genes code for proteins. According to Anderson (2019), proteins are the building blocks for everything in the human body. They help human bodies grow, function properly, and stay in good health. Each gene in the human body can make at least ten different proteins. In humans, genes differ in size from a few hundred bases of deoxyribonucleic acid (DNA) to not less than 2 million bases. Approximately all humans possess the same genes, roughly arranged in the same order, and more than 99.9% of their DNA series is identical to others. Humans are estimated to have approximately 20,000 to 25,000 genes. On average, a human gene has 1 to 3 letters differing from another person. These deviations are enough to alter the shape and function of a protein, the quantity of protein made, and when and where it is made.
The differences in genes to different extents determine the eyes, hair, and skin color. Genes may also instigate a person's risk of developing diseases and their response to medication. Each person has two copies of every gene, one received from each parent. Each parent possesses two copies of each gene and donates one copy to the child to make up their genes. Children may have health problems when missing or containing an extra part of genes. Some of the gene problems are inherited from parents, meaning that if a parent donates an altered gene that is needed for the formation of a particular protein to their child, then there are higher chances that the child may suffer from a condition that results from the deficiency of that protein. Research is still underway for gene therapy, a new kind of medicine that will use genetic engineering technology to treat diseases caused by genes that may have changed in any way. One of the ways this therapy will involve is trying to replace changed genes with new and healthy ones. This paper focuses on why human gene patenting should be allowed.
Argument and Court Cases Pro-Human Gene Patenting
Human gene patenting should be allowed because it gives ownership of laboratory-developed genes to the developer. A gene patent is a sole right to a specific series of genes granted by the government to an individual, organization, or corporation claiming to have first discovered the gene. Therefore, the patent holder gives directions on how the gene can be used and in what capacity. Du’s (2018) article on patenting human genes and the portrayal of gene patents states that patent protection of genes can foster inventions and shield inventors. Inventors, especially those without financial muscle, will not have to worry about competition, but they get ample time to analyze the genes. Du (2018) also highlights that commercializing gene-based technology will attract market profits, reaping mo...
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