Gene PatentingWhat is Gene Patenting? Before we can investigate gene patenting, we need to understand what genes are and how important they are. Genes are proteins and molecules that make up the DNA of everything around us. Essentially, they are ingredients that complement everything we touch, smell or see. We recognize genes as part of human DNA. Genes can determine race, gender and even our health. Genetics has several purposes. The main purposes of commonly recognized genes are human genetics. Yet we don't know all the facts about human genetics. The Health Research Funding Organization published a study in 2014 in which "99.5% of all humans do not know that we share one percent of each other's DNA." » Not all genes are the same, in fact, some human genetics are remarkable. So much so that we have instituted research into our lives. The timeline presented by Kenneth Jost of CQ Researcher 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 distinct genetic markers that create our specific identity as human beings. As part of research, we also find cures for cancers and diseases due to genetic research. Biotechnology companies have created vaccines and drugs using these genetic discoveries. Shouldn't they have the right to patent their discovery and their product? Why would there be a problem with patenting these markers discovered to cure? There is much controversy and debate over whether or not gene patenting should be allowed to anyone. The purpose of this pap......middle of paper......to circumvent. In a 2002 case, Madey v. Duke, the Court of Appeals for the Federal Circuit made clear that academic institutions can be held liable for patent infringement, even in the context of nonprofit research. In practice, however, no research institution has been prosecuted for studying a gene or its use in academic research. This is partly because patent holders are more than likely to benefit from research revealing how their patented genes work. The other reason is partly due to the difficulty of proving harm resulting from mere use for research purposes. A gray area is the use of materials or processes with genetic patents 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 return their materials or obtain a license from the patent holder..