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Cancer Gene Patents Challenged as Unconstitutional
The latest salvo in the fight against gene patents was launched in May, with the American Civil Liberties Union and the Public Patent Foundation filing a suit in the U.S. District Court to challenge the constitutionality and validity of patents which claim two human genes associated with breast cancer known as BRCA1 and BRCA2. The disputed patents are owned by the University of Utah and are licensed to Myriad Genetics for use in a diagnostic test for determining a hereditary risk of developing breast cancer.
In addition to the largely technical assertions in the suit (for example, that the patents at issue improperly claim natural phenomena and abstract ideas), the suit also alleges that these patents stifle clinical practice and scientific research and are therefore an unconstitutional violation of the First Amendment right to freedom of expression. It is believed that this is the first case to challenge gene patents on First Amendment grounds. The plaintiffs’ claims are broad and deliberate, challenging the very notion that anyone should be entitled to claim a human gene. Should the plaintiffs succeed, the impact on gene patenting in the United States is likely to be severe.
For additional information, visit:
http://www.aclu.org/images/asset_upload_file939_39568.pdf
http://www.pubpat.org/brcafiled.htm