Cancel gene patents!
An American court has declared an illegal monopoly on breast cancer genesCopper news based on the materials of The Wall Street Journal: Judge Rejects Patents on Genes
The Federal Court of the Southern District of New York has declared illegal patents for gene variants associated with an increased risk of cancer.
The corresponding decision was made by Judge Robert Sweet (Robert W. Sweet) on Monday, March 29.
The lawsuit filed by the American Civil Liberties Union, other public organizations and individuals against Myriad Genetics and the US Patent and Trademark Office was initiated in May last year.
The plaintiffs intended to challenge the patents owned by Myriad for the BRCA1 and BRCA2 genes, which are associated with the vast majority of cases of hereditary breast and ovarian cancer. Myriad Genetics is an exclusive manufacturer of test systems designed to detect these genes.
According to the plaintiffs, patents for genes related to hereditary diseases limited the exchange of information, made it difficult for patients to access diagnostics and hindered scientific progress.
The 152-page court ruling, in particular, notes that the DNA sequences identified by Myriad specialists cannot be subject to patent law, since they do not differ from sequences existing in nature.
In addition, according to the court, the method of matching DNA sequences to identify dangerous genes is an “abstract mental process”, and also cannot be protected by a patent.
The New York court's decision could have far-reaching implications for the U.S. biotech industry. According to American experts, currently in the United States about 20 percent of the genes that make up the human genome are protected by patents belonging to various commercial structures. Further studies of these genes, as well as the development of methods for the diagnosis and treatment of diseases associated with them, are impossible without obtaining a license from the patent holder. Many interested organizations may follow the example of the American Civil Liberties Union and try to challenge patents for other genetic research in court.
Portal "Eternal youth" http://vechnayamolodost.ru30.03.2010