'Deadly Monopolies'? Patenting The Human Body

In 1980, the Supreme Court ruled that living, human-made microorganisms could be patented by their developers. The ruling opened the gateway for cells, tissues, genetically modified plants and animals, and genes to be patented.

In the past 30 years, more than 40,000 patents have been granted on genes alone, says medical ethicist Harriet Washington. In her new book, Deadly Monopolies, Washington details how our tissues and genes are increasingly being patented by pharmaceutical and biotechnology companies. Those firms, she argues, are focused more on their profits than on the medical needs of patients.

Restrictive patents on genes prevent competition that can keep the medical cost of treatment down, says Washington. In addition to genes, she also points to tissue samples, which are also being patented — sometimes without patients' detailed knowledge and consent. Washington details one landmark case in California in which medically valuable tissue samples from a patient's spleen were patented by a physician overseeing his treatment for hairy-cell leukemia. The physician then established a laboratory to determine whether tissue samples could be used to create various drugs...