Gene PatentingWhat is Gene Patenting? Before we can investigate gene patenting, we need to understand what genes are and what their importance is. Genes are proteins and molecules that make up the DNA of everything around us. Essentially, they are ingredients that complement everything we touch, hear, or see. We recognize genes as part of human DNA. Genes can determine race, sex and even our health. Genetics has multiple purposes. The main purposes of commonly recognized genes are human genetics. However, not all of us know the facts about human genetics. The Health Research Funding Organization published a study in 2014 that "99.5% of all humans do not know that we share a percentage of each other's DNA." Not all genes are the same, in fact, some human genes are notable. So much so that we started researching our lives. The timeline presented by CQ Researcher's Kenneth Jost suggests that we have been discovering and patenting specific genetic discoveries since 1911, with the first patent being the discovery of adrenaline and the reproduction of cells for the general public. Even though we share different genes within our species, there are many separate genetic markers that create our specific identity as humans. In research we are also finding cures for cancers and diseases due to genetic research. Biotechnology companies have created vaccines and medicines thanks to these genetic discoveries. Shouldn't they have the right to patent their discovery and product? Why would there be a problem with patenting these discovered markers for treatments? There is a lot of controversy and debate about whether or not genes should be patented to anyone. The purpose of this card... half of the card... to get around the problem. In a 2002 case, Madey v. Duke, the Court of Appeals for the Federal Circuit clarified that academic institutions could be held liable for patent infringement even in non-profit research. In practice, however, no research institution has been sued for studying a gene or using it in academic research. This is partly because patent holders are more than likely to benefit from research that reveals how their patented genes work. The other reason is partly due to the difficulty of demonstrating harm resulting from mere use for research purposes. One gray area is the use of genetically patented materials or processes in clinical research, such as genetic testing in the context of a clinical trial. Labs offering patented genetic tests for research studies have been told to “cease and desist” unless they reference the materials or obtain a license from the patent holder.