In other words the Directive limits the potentials for research and development. Claims on the genomic map Many companies try to patent gene sequences on a routine basis, even though they know they do not have the capacity to develop anything. But the patent claims are being made incredibly wide so as to cover any possible future use of the gene. This is as true for the 'breast cancer gene' as it for the hundreds of patent applications that the leading company in this field, SmithKline Beecham, has filed together with their US partner Human Genome Sciences. All proteins of the gene, all potential variations of the gene and all potential therapeutical and diagnostic treatments will be covered by the patent.
Nobody knows for which disease the gene is useful yet.
If the Directive comes into force, no-one would be able to challenge a patent on the ground that there is no specific drug or diagnostic test claimed. It is absolutely normal to file patent applications before a product is fully developed. But, with patents on genes this normal practice causes a horrifyingly broad scope by allowing a monopoly for the patentholder covering all potential applications, as long as there are no clear legal restrictions. Examples of what that means in the real world of medical research and development already exist. HGS licence the use of this gene in AIDS therapies, even though the company had no knowledge of the function of the gene at the time of filing for the patent on it.