Judge in New York dismisses human gene patent

[Kadie]

Judge in New York dismisses human gene patent

Mon Mar 29, 6:34 pm ET

NEW YORK (Reuters) – Two human genes associated with breast and ovarian cancers cannot be patented because they are a product of nature, a federal judge ruled on Monday.

The American Civil Liberties Union and other groups sued in May to invalidate a patent on two genes held by Myriad Genetics on grounds those patents stifled the free flow of information and hampered research.

Mutations on those genes are responsible for most cases of hereditary breast and ovarian cancers.

"Because the claimed isolated DNA is not markedly different from native DNA as it exists in nature, it constitutes unpatentable subject matter," U.S. District Judge Robert Sweet said in a 152-page written ruling.

"Similarly, because the claimed comparisons of DNA sequences are abstract mental processes, they also constitute unpatentable subject matter," the judge ruled.

snip...
During oral arguments held at Manhattan federal court last month, a lawyer for Myriad said patents have a positive impact on human health because they promote innovation.

"This is not nature's handiwork... this is the hard work of man," said Brian Poissant, a lawyer for Myriad.

more...
http://news.yahoo.com/s/nm/us_genes_myriad

[Quantess]

1. Great news!

Patenting life is dangerous territory.

[bermudat]

2. Finally!

Putting patents on human genes is like trying to patent the sunshine. When are
Henrietta Lacks family going to be reimbursed?