Dear Lactnetters,

The increasing propensity of formula companies to patent components of
mother's milk, as mentioned during the past year of posts to this list, seems
to be a disturbing trend.  One may wonder if, like kudzu, we've got a problem
that may grow out of control if it isn't addressed at the beginning.

We know what the motives are: squash the competition (including nursing moms)
and rake in money doing it.  In the not-so-far future, in an age where
molecular technology rules, is it inconceivable that this may adversely
affect, in one way or another, those who make or distribute the naturally
produced product?

For instance, consider the impact on human milk banking.  If a formula
company accumulates enough patents, can it demand that all competing products
with ingredients it has patented cease and desist?  Can this legally include
the naturally produced, donated product from milk banks?  Even if not, we
already know the power of their marketing, which undoubtedly will only
increase with each patent.

Whether or not there are legal and societal ramifications down the road,
perhaps attention ought to be brought to the existence and ethics of these
patents.  I dimly recall the case of an individual in Great Britain (I think)
who went to court to patent his/her own DNA, just to prevent the possibility
that some company would want to do it.  I believe it was meant mostly as a
statement, but apparently, from some posts here, there's at least one case
where a company has tried to patent an individual's DNA without their
knowledge or consent.  So, even if meant partly tongue-in-cheek, there
certainly is a basis in fact for such action.

Perhaps it would be beneficial for a lactation organization to go to court,
too, in order to attempt to secure a pre-emptive patent on mother's milk, on
behalf of nursing moms everywhere and for human milk banking.  Even if
unsuccessful, perhaps positive publicity would result.  At least some media
light would likely focus on the attempt..and the fact that formula companies'
imitation is the sincerest form of flattery.

Court cases cost money, of course, and lactation organizations don't have
much of that.  Yet, if it's feasible, and expert help obtained (donated?),
wouldn't this be a "good thing" to do, if only as a symbolic protest?

Awaiting your collective wisdom and clear thinking,
Lisa Mo
Bowling Green, KY USA

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