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Gene Patent Battle Heats Up
A New York Judge heard arguments in early February, 2010 that patents on two genes, called BRCA1 and BRCA2, correlate to an increased risk of breast and ovarian cancer in women which should be invalidated. In March, 2009 the American Civil Liberties Union and the Public Patent Foundation sued the patentees (Myriad Genetics Inc. and the University of Utah Research Foundation) along with the U.S. Patent and Trademark Office over the validity of the gene patents.
The plaintiffs argue that the patents are preventing important medical research and that the patents do not pertain to an invention but rather to the discovery of a secret of nature. Insofar as products of nature are not patentable (i.e. gold), the plaintiff argues that the genes themselves should not be patentable. Part of the motivation behind the lawsuit may be the patentees’ refusal to license its patents in a way that would prevent other companies from examining a patient’s DNA in an attempt to identify the presence of the BRCA1 or BRCA2 gene. The action is being vigorously contested, and the plaintiffs’ standing to bring the action has come under fire by the defendants.
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