Tag Archives: patent

Embryonic stem cells and the ethics of patents

Embryonic stem cell research is constantly under ethical and moral debate

Embryonic stem cell research is constantly under ethical and moral debate

There is a good article in the latest issue of Pharmaceutical Technology Europe which explores the ever present debate around the use of human embryonic stem cells in medical research and the legal boundaries in different parts of the world.  Whilst there are certainly many medical benefits that can arise from further research in these areas, there is still no general consensus on how such research should be funded or indeed commercialised following any successful findings.

The article summarises current legal standings around the globe, highlighting in particular the difference between European and US legislation, and I definitely recommend you read through it.  Current moral debate tends to revolve around whether embryonic stem cells will prove more useful than adult stem cells, which do not require the destruction of a human embryo.  Successful treatments have been developed from adult stem cell research, whereas embryonic stem cell research is yet to develop proven treatments – although there are a number of trials that have progressed recently, primarily because of the far stricter regulation surrounding such research.

Stem cell research in its various forms has the potential to improve the human condition a great deal, but there are still many ethical and moral questions that need to be asked.  The moral debate often revolves around the definition of human individuality and whether or not embryos represent a particular human life.  However, the aspect that I am particularly interested in are the ramifications of patenting such technology and the corporate ownership of medically beneficial procedures.

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Many of the present patents surround methods through which to obtain stem cells, however there are increasing numbers of organisations wanting to patent particular therapies that have resulted from research.  One major issue is that there are differing laws surrounding such patents, with European regulators being particularly against the idea.  Detractors argue that such restrictions mean that research will not be conducted without commercial profitability, investments will not be made.  But this can surely be overcome through tax-funded research, of which the Obama administration in the US seems intent on supporting given recent movements.

There is always something that just doesn’t sit right with me about corporate ownership of beneficial technologies.  Profit can be made through the expertise needed to create and maintain such therapies, rather than in being the first to find such results.  The need to license the right to use medical discoveries just creates a divide between those who can afford such added costs and those who cannot.  This filters down to the individual level in that the therapies become more expensive and out of reach of many who may otherwise benefit greatly from them.  The fact that these patents are not enforceable globally widens this divide further, with whole geographic regions suffering merely because of differences in patent law.

There is certainly a lot of money to be made, and this is why the patents are fought for at all.  But what are we becoming as a society when even our medical research has dollar signs as one of its primary motivations?  As we progress towards a global community such issues are only going to become more pronounced, which is why I am glad that there is continued focus on whether such advances should be patentable at all.  It’s definitely a positive sign!

I hesitate slightly to ask…but what do you think of stem cell research, and should it be patentable?

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Facebook tries to patent crowd-sourced translations

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Whilst reading through Tech Crunch this morning, I was taken by one of their articles on Facebook’s attempt to patent the process through which they translated their site.  Facebook has harnessed the power of its massive user-base to create a simple system whereby users would translate particular sentences, and then those translations were collectively voted on by other users to find the most suitable one.  The whole process works in a very similar way to Digg or other social bookmarking sites in that users can either vote up or vote down particular translations.  Using this process, Facebook was able to translate its site into over 60 languages with an incredibly quick turnaround – and now it wants to patent the process by which it achieved this.

Should we allow a corporation to own such general concepts?

Should we allow a corporation to own such general concepts?

There is no doubt that Facebook profited immensely from the good-will of its users, but now it wants to profit merely from the idea of using people in this manner.  The problem that I have with this is that it really seems to go against many of the ideals and ethics behind user-created content.  Facebook certainly profits from the efforts of millions of volunteers – they would have saved millions of dollars and months, if not years, of development time by doing this.  But now they want to stop anybody else from translating text – in a social network context – unless, of course, they pay Facebook a nice hefty fee.

The problem ethically is two-fold.  First of all, this is basically like wanting to profit from the concept of democracy.  It would be fair enough for Facebook to own the exact code that was developed for their system, but to seek to own such a generalised concept as collaborative effort?  It really does puzzle me how Facebook figured they would get away from this attempt, not just from a legal point of view but also from a credibility standpoint.

Secondly, systems such as this have been used exactly for this purpose long before Facebook ever thought to harness it.  There are many examples of this general concept in use, and the Tech Crunch article linked above provides some examples of such (and there are many more in the comments beneath their article).  So, they were by no means the first company to conceive of this idea, even from a purely social networking perspective.

Although it is true that Facebook will need to find additional ways to monetise their business, doing so through such underhanded methods is in my opinion not a good path to go down.  This latest patent spotlight also brings up bigger issues about the control that large corporations may have over very pivotal aspects of our lives and society in the future.

In the end, almost every large corporation exists solely for bottom-line profit – and patents play a very central role in generating these profits over long periods of time.  However, what we must ensure is that we do not allow corporate mindsets to overcome our social sense of responsibility and greater good.  We must ensure that our commercial ethics come from a sense of collective improvement rather than individualised profit.  This does not mean that corporations cannot profit from their ideas, but it does mean that there needs to be a more general understanding of what people are attempting to patent and how such patents might affect the use of new technologies that could have a positive impact on society as a whole.

Human innovation depends largely on ideas bouncing back and forth between people, being improved and adapted in their use.  The massive success of open-source projects around the world highlights the great power that can arise from collective effort.  We should be looking to improve society as a whole, not just our own bottom-line.  As we move forwards into this new golden-age of technological advancement, we have to make sure that the benefits of our progress will not be held back and delayed merely so that a small handful of people can profit because they hold the keys to the castle.