Pala Posted April 2, 2010 See full story @ http://www.nature.com/news/2010/100330/full/news.2010.160.html Gene patents overturned: In a ruling that has far-reaching implications for gene patenting, a federal judge in New York on 29 March struck down seven patents on genes associated with breast and ovarian cancer. The patents, on the BRCA1 and BRCA2 genes, are held by Myriad Genetics and the University of Utah Research Foundation, both based in Salt Lake City. The judge ruled that the patents were "improperly granted" because they were related to isolated DNA that is a product of nature, and therefore not patentable. The lawsuit was filed in May 2009 by the Public Patent Foundation and the American Civil Liberties Union, both in New York. Myriad says it will appeal the ruling. Although most people seriously overestimate the implications of current gene-patent laws, there is certainly reason to be concerns with aspects of it. Myriad Genetics is an example of a company which actively prevents universities (and others) from researching "their" genes unless the latter pay a fee to do so, and furthermore, charges $3000 for use of the BRCA genes in cancer diagnosis! It's clear that Myriad should be rewarded for identifying a diagnostic tool - this encourages more companies to do so - the question is, is it appropriate to allow them to do so in this manner? I'd say no, but without a clear alternative to offer. Share this post Link to post Share on other sites
