Occasionally, a great change in history comes about quickly and
without warning, transforming the very way we perceive ourselves and the
world around us for generations to come. Such was the case when the world
first heard about Dolly the cloned sheep. Now, Ian Wilmut, the Scottish
scientist who cloned Dolly, has made history a second time, and the new
development is likely to have an even greater impact on the world than
the first.
The British patent office has just granted Wilmut's Roslin Institute
patents on his cloning process and all animals cloned using the process.
The patents have been licensed to Geron Corp., a California-based biotech
company. There is something more, however. The patent also includes as
intellectual property--i.e., patented inventions--all cloned human
embryos up to the blastocyst stage, which is a cluster of about 140
cells. For the first time, a national government has declared that a
specific human being created through the process of cloning is, at its
earliest phase of development, to be considered an invention in the eyes
of the patent office. The implications are profound and far-reaching.
It was less than 135 years ago that the United States abolished
slavery, making it illegal for any human being to own another human being
as property after birth. Now the British patent office has opened the
door to a new era in which a developing human being can be owned, in the
form of intellectual property, in the gestational stages between
conception and birth.
Regardless of where people may stand on the question of abortion, one
would think that everyone would be shocked at the idea that a company
might be able to own a human embryo as an invention.
Parents, when they read about this extraordinary patent decision,
should ask themselves whether their children and future generations will
be well served ethically if they grow up in a world where they come to
think of embryonic human life as intellectual property, controlled by
life science companies. What happens to our children's most basic notions
about the distinctions between human life and inanimate objects when the
former comes to be regarded by law as mere inventions, simple utilities
to be bartered like so many commodities in the commercial arena?
And, if cloned human embryos are, in fact, considered to be human
inventions, then what becomes of our notion of God, the creator? What
will future generations say when their children ask, where do babies come
from? Will they say they are the inventions of scientists and the
property of life science companies?
Geron makes the point that it has no intention of cloning a
full-birthed human being, but only wants to use cloned human embryos as
research tools. Still, this breathtaking patent marks the first
commercial step into a brave new world of human reproductive technology
and designer babies, where gestational human life becomes subject to
ownership and commercial exploitation in ways that challenge our very
notions of what it means to be a human being. It is possible that in the
not-too-distant future parents will order up their children the way they
buy other products, making babies the ultimate shopping experience in a
post-modern world.
Geron and the life science companies would argue that without patents
they would not have the financial incentives to provide cures to deadly
diseases and improve human health. Yet the question arises: What is wrong
with an economic system in which advancing the human condition depends on
allowing a few commercial enterprises exclusive right to claim cloned
human embryos as their intellectual property?
For several years, genomic companies have been engaged in a fierce
battle to locate, isolate, define and patent plant, animal and human
genes, the raw resources of the coming biotech century. Now, with the
British patent office making the first stages of human life a patented
invention, a new, even more ominous threshold has been crossed.
Step by step, the groundwork is being laid for redefining the building
blocks of life--the genes, the chromosomes, the cells, the organs, the
tissues and now cloned human embryos--as private property, exploitable in
the biological market place. Where will this journey end?