Gene patent study misleading

A report in Science journal relating to gene patenting claimed: "Nearly a fifth of all human genes have been patented, a study has found, leading to fears that research into diseases such as breast cancer, diabetes and obesity could be stifled."

The study by Massachusetts Institute of Technology academics Kyle Jensen and Fiona Murray found that almost 20% of human genes are explicitly claimed as United States intellectual property.

The Institute of Patent and Trade Mark Attorneys of Australia (IPTA) considers the above statements to be misleading, possibly being based on incorrect assumptions relating to terminology. According to the Institute:

"Patents do not cover genes per se, in the form they exist in nature. The most likely scenario is that a patent will cover a method (eg, a method of treating or diagnosing a disease) which involves a gene, a part of a gene or a protein encoded by the gene. While the patent may cover the gene itself or proteins encoded by it, this is only when the gene or protein is isolated and purified from a natural source or when produced synthetically. This ensures that patents do not cover genes as they exist in a living organism.

"It is not correct to say that gene patents stifle research and slow the development of new medicines. In fact, quite the opposite is true. The patent system has a two-fold purpose, to reward inventors for their endeavours that benefit society and to encourage information about new inventions to be made public, so that others can use this information as a basis for further innovation."