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Tuesday, December 04, 2012

Courts - "SCOTUS to Decide if Human Genes Are Patentable"

David Kravets of WIRED reported Nov. 30th:

The Supreme Court announced Friday it would review a case testing whether human genes may be patented, in a dispute weighing patents associated with human genes known to detect early signs of breast and ovarian cancer.

A 2009 lawsuit filed by the American Civil Liberties Union claimed among other things the First Amendment is at stake because the patents are so broad they bar scientists from examining and comparing the BRCA1 and BRCA2 genes at the center of the dispute. In short, the patents issued more than a decade ago cover any new scientific methods of looking at these human genes that might be developed by others.

The ACLU, representing dozens of patients and researchers, said the case challenges the legality and constitutionality of granting patents covering the most basic element of every person’s individuality. The civil rights group maintains that, “What is patented is the abstract idea that nature has made the two genes different in a manner that increases that person’s risk of cancer.”

The patents at issue gave Myriad Genetics, the defendant in the case, a virtual monopoly on such predictive testing for breast and ovarian cancer, according to the suit. Women who fear they may be at an increased risk are barred from having anyone look at their BRCA1 and BRCA2 genes or interpret them except for the patent holder, which charges about $3,000 per test or more.

Here also is a Nov. 30th story from Adam Liptak of the NY Times.

The ILB has had a number of earlier entries about Myriad Genetics.

Alison Frankel's Thomson Reuter On the Case column yesterday is headed "In gene case, SCOTUS to confront Federal Circuit on patentability."

Posted by Marcia Oddi on December 4, 2012 09:10 AM
Posted to Courts in general