Inventing DNA or Stealing It? The Role of Metaphor in Gene Patenting Debates

Abstract

For the last twenty years, genetic research firms have been filing patents for isolated DNA. For instance, Myriad Genetics, a company based in Salt Lake, patented the BRCA-1 and BRCA-2 genes. Every human being possesses these genes, but individuals with BRCA mutations have a significantly higher risk of developing cancer at some point during their lifetime. The lower courts have not reached a consensus as to whether DNA patenting should be legalized, and medical researchers and organizations often sue research firms who file these patents. The most controversial court decision regarding DNA patenting occurred in July of 2011 when the District Court of New York ruled that Myriad Genetics was the sole proprietor of the BRCA-1 and BRCA-2 genes. Any researcher who wishes to experiment with these genes requires the explicit approval of Myriad Genetics. The decision was widely criticized by genetic researchers as well as members of the public.

In this study, I examined the blogosphere’s reaction to the Association for Molecular Pathology v. Myriad Genetics et al. I analyzed several blog discussions concerning this decision, paying particular attention to the opinions of those bloggers who did not illustrate a strong understanding of genetics. My research reveals that court decisions concerning DNA patenting have radically changed how the public communicates about genetics. Many members of the public fear that genetic researchers are attempting to steal the human body and make it their own. Conspiracy theories regarding the motives of genetic researchers frequently appear in these blog discussions. Moreover, metaphors such as genes-as-natural-resources and patenting-as-theft figure very prominently in the general public’s discussion of the Myriad decision. This study suggests that we are witnessing a sea change in the public’s understanding of genetics in which the public’s trust of the genetic research community is quickly eroding. How this loss of trust will affect genetic medicine in the twenty-first century remains to be seen, but if the blogosphere’s reaction to the Myriad decision is any indication, the public and genetic researchers have begun to position themselves as enemies rather than collaborators in the development of biotechnologies.