The American Civil Liberties Union (ACLU) had sued Myriad for licensing a couple of gene sequences related to breast cancer — BRCA1 and BRCA2. The judge came back today and ruled that human gene sequences in and of themselves are not patentable subject matter, and thus the patents are invalid. This case will now make its way to the CAFC (the US Court of Appeals of the Federal Circuit), and then on to the Supreme Court.This could be a landmark change. Diamond v. Chakrabarty started the gene patent story, and the Myriad ruling could be a major chapter in it. The smart money is not on ACLU’s side yet, but things could change in the next year or two.With the Bilski decision due any day (could come as soon as the day after tomorrow), we are in for some interesting times in the patenting world.
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This is a text book example of patenting the cancer related genes and the aftermaths:
European Parliament resolution on the patenting of BRCA1 and BRCA2 (’breast cancer’) genes suggest that,the granting of similar patents by the EPO could create a monopoly for the firm in question within the European Union as well, which could seriously impede or even completely prevent the further use of existing cheaper and more effective tests for the breast cancer genes BRCA1 and BRCA2; whereas this development could have an unacceptable detrimental effect on the women concerned and constitute a serious drain on the funds of public health services; whereas moreover it could seriously impede the development of and research into new methods of diagnosis.
The EPO granted patents on BRCA1 to Myriad Genetics in the form of Patent No 699754 of 10 January 2001 and Patent No 705 903 of 23 May 2001 and is considering granting further patents on the breast cancer genes BRCA1 and BRCA2.
Comment by Harit — March 29, 2010 @ 10:25 pm