Whose rights are violated by gene patents?

♤ Scientific researcher's rights are violated because gene patents prevent them from freely engaging in research and exchanging information about the patented genes.

♤ If a researcher wants to study a gene that has been patented, s/he must obtain permission from the patent holder or risk being sued for violating the patent.

♤ Clinical geneticist's and genetic counselor's rights are violated because gene patents infringe on their freedom to provide their patients with information about their susceptibility for genetic diseases.

♤ Like researchers, clinicians must obtain licenses to conduct clinical testing, and as with research licenses, the USPTO(United States Patent and Trademark Office's) gives the patent holder the authority to refuse to grant testing licenses, to charge high fees, and to shut down un-licensed testing.

♤ Genetic counselors are forced to refer their patients to the laboratory dictated by the patent holder and are restricted in the service they can provide their patients.

♤ Individual patients' rights are violated because gene patents impede access to medical information and care.

♤ The patent holder controls what information people can obtain about their own genes, how they may obtain this information, and from whom.

♤ Public's rights are violated because gene patents permit an unfair monopoly that limits the public's right to benefit from scientific breakthroughs that advance medical research.