Spring 2000
Patent Pending
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As
the technological revolution that has so reshaped the world around
us turns inward on ourselves, the issue of whether we can license
the very essence of life itself is taking center stage.
by
Gregory Stock
In
this age of supercharged scientific discovery, as researchers
around the world rush to unlock the secrets of our very being, the
debate about patenting human genes and other aspects of our biology
has been passionate. Over time, the nature of that debate has shifted
from one about whether such patenting should be allowed at all to
whether specific kinds of patents will help or hinder the advance
of medical science.
Some critics,
of course, still cling to the idea that patenting any aspect of
human biology is abhorrent. Social activist Jeremy Rifkin has even
likened it to slavery. But most knowledgeable observers today are
more perplexed than threatened by such extreme views. They either
shake their heads at the naiveté of those who imagine that
today's revolution in molecular biology could have occurred without
patenting, or try to explain that a patent doesn't give anyone the
right to make another human do anything; a patent simply confers
a 20-year right to keep others from commercially exploiting a product.
But medical
science is an arena ripe with symbolism, so it is unlikely that
even calls to completely ban gene patenting will disappear any time
soon. After all, these are disconcerting times for many people:
The technological forces that have hitherto so reshaped the world
around us are swinging their focus back upon our own selves, and
promising - some would say threatening - eventually to transform
us.
That we
are deciphering the blueprint of life and beginning to manipulate
it will no doubt bring enormous benefit, but it will also extend
our reach into the most intimate aspects of human life. The very
existence of a debate about patenting "life" confirms
that the lines between technology, biology and humanity are blurring
as we ourselves become objects of conscious manipulation. Blocking
gene patenting would have broad impacts, but it would hardly change
the reality that we are beginning to redesign life, that we are
modifying nature, that we are playing God. Gene patents have become
just one more symbol in the struggle between those who embrace such
change and those who resist it.
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