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Old 05-15-2013, 09:00 AM   #374
glatt
 
Join Date: Jul 2003
Location: Arlington, VA
Posts: 27,717
Quote:
Originally Posted by tw View Post
If the parent's genes are fixed by A's patent, then the kids also owe a royalty payment to A.
I don't think so. The parents paid for the gene, so the kids are paid for. By the time the kids are ready to reproduce, the patent will probably have expired (20 year term from the date of file) so the grandchildren will be in the public domain. Besides, even if the patent hadn't expired yet by the time the grandkids came along, the company would have to get samples of the grandkids' DNA to prove that they contain their gene. Even if they comb through their trash, it's going to be difficult to prove where that DNA sample came from. The fifth amendment means the kids don't have to give up samples of their DNA against their will.

Besides, if you are the grandkid, and your body contains some proprietery gene that you never consented to, then how can you be expected to pay for it?
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