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TITLE: Study on Recent Patent-Applications |
AUTHOR: Florianne Koechlin |
ORG: Blueridge-Institute |
DATE: May 14, 2001 |
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Dear friends Greenpeace Germany and 'Kein Patent auf Leben' made an excellent study on recent patent-applications. Here the part concerning humans. Best regards Florianne
Patents on human genes, cells, on human cloning procedures, on human embryos and human-animal-chimeras Greenpeace Germany, with the support of the organization "Kein Patent auf Leben!" ("No patent on life!"), carried out two years of research at the European Patent Office. More than 1000 applications for patents from the years 1999 and 2000 were studied in detail and sorted by category. This research produced several surprising results: * There was a great increase in the number of patent applications aimed specifically at human beings. Some of these patent applications prove more clearly than any other publication the extent to which human parts (and most alarmingly also human embryos) are already reduced to a commodity which can be cloned, manipulated and hence also patented. It is also an indication of the commercial interests driving this kind of research. But the notion of a human embryo (a potentially unique human being) as patented property of some private firm is surely most revolting . * The number of patents applied for genes, in which in some cases several hundred human gene sequences are claimed at once, is increasing dramatically. 1. Patents already granted: 2 patents including human embryos already granted by the EPO.
EP695 351 Patentholder: University of Edinburgh Patent granted: 8/12/1999 Claims: Isolation, selection and propagation of animal transgenic stemmcells. Included are also human embryonic stemcells, procedures to genetically engineer these embryos and germline manipulation. After the public outcry following Greenpeace' relevation of this patent, the EPO has admitted that the granting was an error. Nevertheless, the patent is still valid; a few oppositions have been filed. And at least one other patent also covers human embryos (see next ex.)
EP 380 646 Patentholder:Amrad (Australia) Patent granted: 20/1/1999 Procedure to produce human-animal chimeras by using "embryonic stemmcells from humans, mice, birds, sheep, pigs, cows, goats or fish". The resulting human-animal-chimeras are included in the patent-claims.
2. Examples of patent-applications on humans and parts thereof
WO 00/27995: Breeding human embryos Applicant: Monash University (Australia) . Claims: They relate to human blasts and processes for manufacturing them . Special features: According to the printed patent specification, human embryos were bred in a laboratory over a period of six days and then destroyed to obtain cells. The blasts were then further bred in the laboratory. In order to show that the cells retain their embryonal ability to divide they were injected into the testicles of mice, where tumors (teratomes) developed, in which human tissue was shown to exist, as is typical for many different kinds of organ.
WO 00/01806: Zoo animals, racehorses and people Applicant: University of Hawaii (USA) . Claims: New reproduction process making it possible to clone female egg cells before they are fertilized. The animals created are themselves also covered by the claims. Human beings are explicitly included. The patent claim covers the process on the egg cells, the breeding of embryos and the embryos themselves, including human beings. . Special features: According to the printed patent specification, this procedure is to be used on rare zoo animals, valuable racehorses and human beings.
WO 99/33956: Sperm determines gender Applicant: XY, Inc. (USA) and Colorado State University (USA) . Claims: Process for artificial fertilization combined with gender determination. In this process the sperm is divided as required. The claims are extended to all animals created. Human beings are not excluded!
3. Examples of patents: Parts of the genome
WO 99/51727, Applicant: Metagen (Germany) Content/claims: Over 100 gene sequences from human ovary tissue are claimed. Their precise function is not known; it has only been discovered that these genes are more active in ovary tissue than in other organs. In concrete terms, they are to be used for diagnosis and therapy in cancer treatment. The "inventor" is the well-known genetic researcher André Rosenthal.
WO 99/22430 Applicant: Chiron Corp (USA) Content/claims: On the around 900 pages of the patent more than 1000 gene sequences in a pathogen causing meningitis (Neisseria menigitides) are claimed. The commercial application is, among others, to develop serums and treat patients. The well-known genetic researcher Craig Venter is named as the "inventor".
4. Summary on patent-applications at the EPO in 2000 on humans, germ cell manipulation, cloning, stem cells The Greenpeace-study shows that i. At least 10 more patent-applications include human embryos ii. Over 30 patent-applications aim at methods in genetic engineering or in cloning humans iii. 9 patent-applications refer to germ cell manipulation, including human germ-cells iv. Over 60 patent-applications cover human stemcells v. 10 patent-applications cover human-animal-chimera-embryos
Florianne Koechlin, Blueridge-Institute Blauenstrasse 15, CH 4142 Münchenstein More information: www.greenpeace.org END |