June 28, 2004, HOUSTON CHRONICLE
Copyright 2004 Houston Chronicle
http://www.chron.com/cs/CDA/ssistory.mpl/editorial/2650244
Late last month,
According to the patent application, beagles were chosen in part because
their docile nature makes them good research subjects. Unsettling as this
sounds, though, M.D. Anderson's decision to drop the patent had little to do
with whether winsome, friendly animals merit a different fate than homely
critters do. Neither did the decision reflect a different attitude toward using
animals for research -- something the hospital defends. Instead, the episode
showed something simpler. When enough individuals complain, even giant
institutions must react.
Two days before the cancellation, the U.S. Patent and Trademark Office
voiced its decision to re-examine the patent's validity. The decision came
after a challenge by the American Anti-Vivisection Society and PatentWatch
Project, a nonprofit group that monitors patent policy but does not have a
position on animal testing in general. The groups questioned if it was truly
"novel" to infect a beagle with a lethal fungus, and if a sickened
beagle really was "a machine, manufacture, or inventor's composition of
matter." Both designations are necessary to earn a
The groups now plan to challenge patents covering 500 other species of
animals.
"Right now we have an excellent federal policy, the Animal Welfare Act,
that discourages the use of animals in research whenever possible,"
explained PatentWatch director Andew Kimbrell. "But patents are given to encourage
invention. Our patent policy encourages researchers to try and create novel
animals, novel ways to kill them and novel ways to market them."
Ultimately, the coalition hopes to argue against such patents before the
Supreme Court, which legalized patenting living organisms in 1980, opening the
floodgates for
M.D. Anderson, meanwhile, says its patent cancellation was unrelated to the
PTO decision. Actually, said Dr. Margaret Kripke,
M.D.
"The issue really came to our attention through the activity of animal
rights groups," Kripke said. "We are very
sensitive to their concerns, and we look at the groups' Web sites."
Animal welfare groups and ordinary citizens began writing about the beagles
to Congress and to M.D. Anderson. In response, the hospital revisited the
patent -- and decided it was neither commercially nor ethically viable. This
doesn't mean the cancer center has ruled out patents of other animals,
including mice, Kripke said. But in this case, the
hospital concluded, commercializing the suffering of dogs did not seem
justified.
As technology and our understanding of animals both grow, striking an
ethical balance between the two gets harder for almost
everyone. Once individuals make judgments, though, the beagle case shows how to
make those judgments count.
It's really not for patent officers to craft our policy on complex social
questions. Americans instead must hash these issues out themselves -- by
electing lawmakers who will enforce their ethical standards and supporting advocacy
groups that push for their beliefs.