Should scientists who identify genes and create new genetic engineering techniques have the right to patent their methods for their own profit?

Answer 1

Although the first part of the question is still hotly debated, the current judicial standing is that gene identificationcannot be patented, as the gene itself is not innovative: it is found in nature.

Genetic engineering techniques, on the other hand, are likely to be innovative and non-obvious, two of the requirements for patent protection. In addition, they were probably developed over years of expensive research, so giving the inventors a chance at recovering some of that investment would not be unreasonable.

Most such developments, however, are not done by individuals; the companies or universities funding the research may have contractual agreements with their employees regarding the disposition of intellectual property arising as part of their duties.