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US court to decide if human genes can be patented

US court to decide if human genes can be patented

December 4, 2012 - The Supreme Court announced Friday it will decide whether companies can patent human genes, a decision that could reshape medical research in the United States and the fight against diseases like breast and ovarian cancer.

The justices' decision will likely resolve an ongoing battle between scientists who believe that genes carrying the secrets of life should not be exploited for commercial gain and companies that argue that a patent is a reward for years of expensive research that moves science forward.


The current case involves Myriad Genetics Inc. of Salt Lake City, which has patents on two genes linked to increased risk of breast and ovarian cancer. Myriad's BRACAnalysis test looks for mutations on the breast cancer predisposition gene, or BRCA. Those mutations are associated with much greater risks of breast and ovarian cancer.

But the American Civil Liberties Union challenged those patents, arguing that genes couldn't be patented, and in March 2010, a New York district court agreed. But the U.S. Court of Appeals for the Federal Circuit has now twice ruled that genes can be patented, in Myriad's case because the isolated DNA has a "markedly different chemical structure" from DNA within the body.

Among the ACLU's plaintiffs are geneticists who said they were not able to continue their work because of Myriad's patents, as well as breast cancer and women's health groups, patients and groups of researchers, pathologists and laboratory professionals. "It's wrong to think that something as naturally occurring as DNA can be patented by a single company that limits scientific research and the free exchange of ideas," said Chris Hansen, staff attorney with the ACLU Speech, Privacy and Technology Project.


Sources and more information:

Court To Decide If Companies Can Patent WHAT?

WASHINGTON (AP) - The Supreme Court announced Friday it will decide whether companies can patent human genes, a decision that could reshape medical research in the United States and the fight against diseases like breast and ovarian cancer. The justices' decision will likely resolve an ongoing battle between scientists who believe that genes...

Supreme Court To Decide If Human Genes Can Be Patented In Myriad Case

The U.S. Supreme Court agreed to hear, for a second time, a lawsuit challenging patents held by Myriad Genetics on human genes implicated in breast cancer. The court, in an order today, said it would consider only the question of whether human genes can be patented, meaning it plans to dive straight into one of the most contentious - and elusive...

Can Human Genes Be Patented? Supreme Court to Decide.

Supreme Court to Hear Case of Human Genes Under Corporate Control

Court to decide if human genes can be patented in case of Utah company


( via phys.org )


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