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The Almighty Buck Biotech Science

Michael Crichton on Why Gene Patents Are Bad 367

BayaWeaver writes "Michael Crichton, author of The Andromeda Strain and Jurassic Park has made a strong case against gene patents in an op-ed for the New York Times. Striking an emotional chord, he begins with 'You, or someone you love, may die because of a gene patent that should never have been granted in the first place. Sound far-fetched? Unfortunately, it's only too real.' From there, he moves on to use logic, statistics, and his way with words to make his point. Arguing against the high costs of gene therapies thanks to related patents, he eventually offers hope that one day legislation will de-incentivize the hoarding of scientific knowledge. As he points out: 'When SARS was spreading across the globe, medical researchers hesitated to study it — because of patent concerns. There is no clearer indication that gene patents block innovation, inhibit research and put us all at risk.'"
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Michael Crichton on Why Gene Patents Are Bad

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  • "fact of nature" (Score:5, Informative)

    by l2718 ( 514756 ) on Tuesday February 13, 2007 @11:48AM (#17997712)
    Actually, 35 USC 102 [cornell.edu] already limits patents to a "process, machine, manufacture, or composition of matter". Facts of nature (such as the sequence of a gene) are not patentable -- though Congress in its infinite wisdon has declined to specificially add this to the law (as done in some countries). All that remains is for the court (that is, the CAFC [wikipedia.org]) to actually care about the law.
  • by Red Herring ( 47817 ) on Tuesday February 13, 2007 @11:49AM (#17997762)
    This is largely based on his book "Next", a pretty darn good novel based on what can go wrong when bio-patenting is taken to an extreme. Good book.
  • by techstar25 ( 556988 ) <techstar25 AT gmail DOT com> on Tuesday February 13, 2007 @11:51AM (#17997784) Journal
    The article summary should have at least mentioned his M.D. Some background info on him from Wikipedia:
    He attended Harvard College in Cambridge, Massachusetts as an undergraduate, graduating summa cum laude in 1964. Crichton was also initiated into the honors organization Phi Beta Kappa. He went on to become the Henry Russell Shaw Travelling Fellow, 1964-65 and Visiting Lecturer in Anthropology at Cambridge University, England, 1965. He graduated at Harvard Medical School, gaining an M.D. in 1969 and did post-doctoral fellowship study at the Salk Institute for Biological Studies, La Jolla, California, in 1969-1970.
  • by WebHostingGuy ( 825421 ) * on Tuesday February 13, 2007 @12:11PM (#17998106) Homepage Journal
    >>>Consider this: if you knew of 3 companies making the same new drug, who would you trust more? The company who spent years in clinical trials, showing you that their ingredients is safe, or the 2 companies who attempted to copy said drug through reverse engineering it -- possibly incorporating something unsafe?

    This does not hold true. Today when a drug goes off patent the maker of the drug continues to sell the drug along with the generics (at close to the same price). Even though the generics do not have the same quality control as the maker of the drug generics are used instead because the cost is slightly lower. The cost is the only thing that matters to some HMOs and insurance plans. (And yes, there is a difference in manufacturing and quality control).

    There is no brand loyalty for drugs because of the outside influence exerted by the insurance companies and pharmacies. Did you ever wonder why there are laws that say pharmacies can substitute a generic drug for a brand one? The end cost most of the time is exactly the same, however, generics sell the generic brand to pharmacies for a lower price than the brand name. So, when a pharmacy substitutes a generic for a name brand they pocket the difference in price while they bill the insurance company nearly the same as the brand name. That's the outside influence. So why doesn't the brand name drug just lower the price to the pharmacies? They usually can't because their manufacturing costs are higher because they have the quality control issues that generics generally don't. This is not to say generics don't care about quality control, but there are large differences.

    Some patents are needed, period. Gene patents are not because I believe you should not be able to patent nature. It's a prior art thing. Just wait, someday God is going to come down and sue for his patents back.
  • by sdnick ( 1025630 ) on Tuesday February 13, 2007 @12:33PM (#17998480)
    What do Crichton's past biased comments on global warming have to do with the fact that he's now opining about something else? He shot his credibility, and now he's taking a stance on an important issue which will now suffer for his participation.

    I don't pretend to know much about the issue, but I don't see how dissenting views and questions in science are a bad thing. How did Crichton's credibility (whatever that is) get "shot"? Were all or even most of Crichton's views on global warming proven wrong?

    I love how people like to talk about controversial, yet widely accepted scientific truths as "religions". See, when a scientist who has tons of documentation and has spent his whole life working on the case that people are causing climate change gets pissed off because a fiction writer "disproves" it all

    A fiction writer can't disprove science without doing or relying on science - if Crichton has a point, it's based on the work of other scientists who've spend their lives working on the same subject and have tons of documentation to back up their views. Real science can take rigorous examination and questioning - religion can't.

    , putting the smack down on years of attempts to educate the public about the danger, it's because it's a "religion", not because someone is just shoveling a load of inaccurate crap.

    If it's inaccurate crap, it should and will be disproven or shown to be unprovable, like the Intelligent Design nonsense. Attempting to shout down someone whose scientific views don't agree with yours is bad for science and has a proven track record of failure throughout history.

    On the other hand, when an actual religion gets slapped down for trying to get a load of inaccurate crap taught in schools, it's because science is "biased" and "unfair".

    I'm not even sure what you're talking about here - if you're referring to the Intelligent Design thing, obviously that's an attempt to introduce the concept of an unprovable and unverifiable Intelligent Designer into the science of evolution. If there are legitimate counter-claims to the global warming claims, they will be based on verifiable, repeatable research. Denying reality because you don't like it is not good science, no matter what side of the issue you currently find most persuasive.
  • by amabbi ( 570009 ) on Tuesday February 13, 2007 @12:33PM (#17998484)

    Questioning is fine. He didn't question, he stated... and saying that global warming and other disasters are the cause of an evil environmentalist cabal isn't especially scientific.

    You clearly did not read State of Fear. Without editorializing my opinion on global warming, what Crichton does is offer a case that global warming is not a slam-dunk scientific case as the media makes it out to be. He fashions what he admits is a fantasy tale involving conspiracy around this idea, but never... EVER.. does he state that global warming is complete fiction and environmental catastrophe is part of a conspiracy of maniacs.

    He then states his opinion on global warming in the appendix, and provides references to support his beliefs. Some of it is compelling. The RealClimate people focus on one graph that he uses which utilizes an extrema of data points, and then justifies itself to complete bash the rest of his arguments. That certainly isn't scientific.

    And so is bashing a man's opinions without reading his work.

  • by Valdrax ( 32670 ) on Tuesday February 13, 2007 @12:42PM (#17998618)
    You need to be more familiar with Supreme Court rulings:
    Diamond v. Chakrabarty, 1980 [wikipedia.org]
  • by Rich0 ( 548339 ) on Tuesday February 13, 2007 @01:49PM (#17999706) Homepage
    Some will say that drugs won't get invented, but if you look at the initial medical treatment market, we had doctors who actually wanted to help people by creating new drugs and allowing them to be manufacturered by others regardless of who invented it.

    Well, drug R&D is a bit more expensive than cell phone engineering. It mostly is the result of having to pay doctors to run the clinical trials (if you have 10,000 subjects, every one of them has a doctor, and they ALL get paid). And there is a much higher risk of failure. If you make a new cell phone chances are that the new phone will work, even if it doesn't corner the market. Not so with drugs - there is a good chance a new drug won't work at all, and even if it does it isn't guaranteed to corner the market for long.

    I'm not sure what you mean by the "initial medical treatment market", and the free "drugs" that doctors invented therein. Can you give a specific example? I'm not aware of many examples of non-profit-originated drugs on the market. Note - I define drug as a dosable substance shown to be safe and effective, not just some molecule that suppresses tumor growth in a test tube (bleach works really well for that). Usually when people talk about "drugs" developed for almost no cost they're talking about some molecule that has some activity in some assay - often with no thought to safety, bioavailability, etc. Commercial pharma companies spend alomst nothing (per molecule) developing such concept molecules - the costs come in when you try to solve all the other issues. If all you want is some chemical that has an effect in some assay any pharma company could have its robots find one in a few days. There is a whole lot more to curing disease than just switching off some enzyme...
  • by ROU Nuisance Value ( 253171 ) on Tuesday February 13, 2007 @01:50PM (#17999714) Homepage
    Wow! So:
    - Peer review and scientific consensus are forms of superstitious mass group-think
    - Or, if not, peer review and scientific consensus == new forms of hysterical politico/religious pogrom
    - A non-practicing MD novelist == Newton and Einstein
    - These thoughts are all +5 Insightful
    May I please have some shoyu with my Refried Straw Men?
  • by Luyseyal ( 3154 ) <swaters.luy@info> on Tuesday February 13, 2007 @02:43PM (#18000624) Homepage
    Exactly. And as a man of the polis, you share your ideas, opinions, etc. I mean, why else would this aphorism exist: "Opinions are like assholes. Everyone has one."

    -l
  • by Radical Moderate ( 563286 ) on Tuesday February 13, 2007 @03:34PM (#18001480)
    I was curious about that claim, so I read the speech that's from. He doesn't back that figure up (imagine that!), but presumably he's referring to the 1972 ban on DDT and subsequent deaths from malaria in developing nations. This ignores the fact that DDT was only banned in the US and that it's efficacy had been diminishing since the 50's as mosquitoes became more resistant. Some good info here:
    http://info-pollution.com/ddtban.htm [info-pollution.com]

  • by d3ac0n ( 715594 ) on Tuesday February 13, 2007 @04:03PM (#18001976)

    Scientific concensus does not mean truth. However, when a layperson who doesn't understand the issue needs to, it is by far their best bet to go with where the overwhelming majority of scientific viewpoints lie.


    Two issues with this, and the rest of your post, actually.

    One: Michael Chrichton is not exactly a lay person. He is a certified MD, and a medical scientist. He does not currently practice, but he IS a scientist, and more than capable of studying the data on his own and coming up with a trustworthy conclusion, or to make comments on what he perceives as misconduct in the scientific community.

    Two: You are jumping to some pretty ridiculous conclusions about what I would have our society become. As I stated, consensus in the scientific community is bad, especially when not all the data is there. Again, Science must be independently verifiable. Using magic to travel to Mars is not independently verifiable. Nor are ANY of the other ludicrous statements you make. I clearly stated this in my post above. Apparently it's much more fun to troll by making baseless accusations than actually READING WHAT I WROTE.

    Currently, the concept of "Solely Man-Made Global Warming" is not independently verifiable! The entire discussion smacks of politics, and that's what's got a bee in Mr. Chrichton's bonnet. This is NOT an outrageous request to make. We simply want All the data available, and have it put to a totally open, and independently verifiable test. Are you aware that Michael Mann, the scientist that came up with the famous "Hockey Stick" graph, has YET to release his data and methods for peer review? What kind of science is that? No review? Community consensus without discussion? THIS IS NOT SCIENCE, IT IS POLITICS. Clear and simple.

    All I and Mr. Chrichton want is clean science. No consensus, no politics. Capice?
  • by mrseth ( 69273 ) on Tuesday February 13, 2007 @05:01PM (#18002960) Homepage
    "Currently, the concept of "Solely Man-Made Global Warming" is not independently verifiable! The entire discussion smacks of politics, and that's what's got a bee in Mr. Chrichton's bonnet. This is NOT an outrageous request to make. We simply want All the data available, and have it put to a totally open, and independently verifiable test. Are you aware that Michael Mann, the scientist that came up with the famous "Hockey Stick" graph, has YET to release his data and methods for peer review? What kind of science is that? No review? Community consensus without discussion? THIS IS NOT SCIENCE, IT IS POLITICS. Clear and simple.

    ...not to mention wrong:

    http://www.realclimate.org/index.php?p=11 [realclimate.org]

And it should be the law: If you use the word `paradigm' without knowing what the dictionary says it means, you go to jail. No exceptions. -- David Jones

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