In 1992, National Institutes of Health (USA) researcher Craig Venter ignited worldwide protest when he filed for US patents on thousands of gene sequences from the human brain. Venter, a US government employee, was involved in the international collaborative effort to decode the entire collection of human genes called the Human Genome Organization.11 Nobel laureate Dr. James Watson described NIH's decision to apply for patents on human gene sequences as "sheer lunacy." Other scientists expressed fears that the rush to patent and commercialize pieces of the genome project would hinder greater advances that should be the "prized possession of all humanity."

The uproar over the NIH patent applications did not focus entirely on the ethical impropriety of patenting human genes. After all, hundreds of human genes were already "owned" by private companies, universities and governments. Previous patents, however, were usually granted in conjunction with a specific process and/or product. By contrast, Venter and the NIH were attempting to patent human gene fragments without knowing what they were, or what role they played in the human body. Some scientists also argued that the use of automated gene sequencers to decode anonymous human genes represented practically nothing in the way of innovation. One biotechnology industry representative observed: "Venter has sequenced them [human genes] by rote in a process that is easier to do than operate a sewing machine."

The US Patent Office ultimately denied the NIH claims on human gene sequences because they failed to meet standard patent criteria–they were not useful, not new and were too obvious, in that they could be derived from existing data banks.14 The issue, however, sparked debate on the patenting of human genes and prompted some governments to take action against exclusive ownership of human genetic materials.

In December, 1993 French scientists working on the Human Genome Project unveiled a first-generation physical map that covers about 90% of the human genome. In stark contrast to the US government's approach, the French researchers stressed repeatedly that they will make all of their information freely available. Daniel Cohen, director of the Centre d'Etude du Polymorphisme Humaine (CEPH, Paris) also announced that the Centre is establishing the Africa Foundation to assure that results of the genome technology will be available to research centres in Africa. "Our goal has been to deliver this map as quickly as possible, even if it needs refinement, so that it can begin to benefit geneticists and ultimately humanity," stated Dr. Cohen.

Catherine Baker