Genomes: What should and shouldn’t be patented
There is a fine but important line, writes Pierre Meulien.
Most of us recognize that our genes have some bearing on our lives — on our appearance, our health or even some of our habits. What’s becoming better understood is that genomic expertise is a rich source of knowledge about more than just ourselves. Genomics can help us to better understand our world and contribute solutions to challenges facing humanity across a whole range of sectors touched by the life sciences, including health, forestry, fisheries and aquaculture, agriculture, the environment and even energy and mining.
Of course, in medicine, genomic sequencing may be the most powerful diagnostic tool ever seen in our hospitals and health-care settings. Genomics can show your doctor your entire genetic inheritance, including the genetic mutations that point to a particular condition. Physicians today are just beginning to understand the profound significance that genomic testing will have on patient care — today and in the decades to come. Genomics is truly the game-changer in medicine.
Whether you have a condition that affects 20 per cent of the population, which your doctor sees once a week, or a rare disease affecting less than one in 10,000 people, which your doctor might see once in a career, you’re getting diagnosed quicker so treatment begins sooner.
To put it in perspective, the Human Genome Project required a massive international effort and took years of effort, not to mention a cost of billions of dollars. It was completed about a decade ago. Today, your full genome could be sequenced in about a week for a few thousand dollars or less. The discoveries and advances — in medicine and other fields — are beginning to come more frequently.
That’s one of the reasons why the gene-patenting case soon to be heard in Canadian Federal Court is important to all of us. The Children’s Hospital of Eastern Ontario (CHEO) is challenging the U.S. patent holder of a gene related to a rare heart disorder (Long QT syndrome).
Genome Canada is very interested in the outcomes of this case as it will clarify the genepatenting issue for Canada. From a scientific viewpoint, genes are products of nature that are discovered, and not truly inventions in their own right. The nuance comes from how these genes are used in a new diagnostic tool
Genes are products of nature that are discovered, and not truly inventions in their own right.
that could be an invention. Genome Canada has always promoted open access for all genetic information produced through projects that we fund — not only because we use public funds, but because such an approach accelerates additional genetic discovery research. We also, however, support innovation and the creation of value through the commercialization of research findings. We need to be very clear, therefore, in differentiating the fine line between not patenting elements that exist in nature, and taking proprietary positions on inventions that use these elements to produce innovation. Clarity around these issues will hopefully allow for the development and implementation of the most appropriate genomics-based tests for the Canadian health-care system and at the same time allow the private sector to play an integral part in the value chain.
Because the social and ethical issues related to genomics are broad and profound, Genome Canada supports research into the ethical, environmental, economic, legal and social aspects of genomics. Our funded researchers are contributing knowledge to help Canada make informed policy decisions around thorny issues such as gene patenting, genetically-modified food, genetic discrimination and other salient issues that impact on our society.
Canada is very much at the leading edge of exploring and applying the benefits of this technology. We, as a society, need to also remain in the forefront of global thinking on how we can best harness this knowledge to reap the maximum benefit for Canadians and humankind.