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Are patents granted on an individual's genes?
No, patents do not provide any rights to a person or the genes in his or her body. Instead, patents are granted on "isolated" genes and gene products that have real-world applicability. That is, the patents cover genes and gene products that could be obtained from any person, for example, from a blood sample. As previously mentioned, patents may also cover genes of microbes as well as genes from animals and plants.
When considering the patentability of nucleic acids, which are the building blocks of genes, one must take into account the nature of the object patent for which protection is being sought. A nucleic acid, regardless of its source, is chemically indistinguishable from any other nucleic acid. While its sequence of bases may change, there is no a priori means of establishing its source. Human DNA is no different, at least chemically, from that of a bacterium. If one were presented with a nucleic acid, its sequence could be chemically characterized, and any protein that it might encode could be determined. However, it would not be possible to ascertain what species the DNA came from. In fact, DNA as an isolated molecule does not exist within living cells. It is always associated with various other molecules, such as proteins, sugars and fats. It is well established that subject matter that is a product of nature is not eligible for patent protection. However, isolated nucleic acids do not exist in nature.
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