Federal Court ruling: human genes can not be patented
For over 20 years, the U.S. Patent and Trademark Office (PTO) has been issuing patents on human genes-giving corporations, individuals, and universities exclusive rights to test, study, or even look at specific genes.
Arguing that this practice violates patent law as well as the public's First Amendment rights, which protect the free exchange of ideas and information, the ACLU-along with the Public Patent Foundation-filed suit against the PTO and Myriad Genetics in May 2009. Myriad Genetics holds the patent on two genes linked with breast and ovarian cancer, BRCA1 and BRCA2.
On Monday, a federal district court judge ruled that human genes can not be patented. This is the first time a court has said that this practice is unlawful.
Myriad Genetics has already announced that it will appeal this decision. But, this is a tremendous first step in bringing an end to patents that restrict people's access to their own genetic information and interfere with their medical care.
While many have spoken out against gene patenting over the years, this lawsuit was the first to ever challenge gene patents on First Amendment grounds. The Genomics Law Report called the decision "radical and astonishing in its sweep."
Watch CBS's 60 Minutes this Sunday evening to learn more about this case.
Arguing that this practice violates patent law as well as the public's First Amendment rights, which protect the free exchange of ideas and information, the ACLU-along with the Public Patent Foundation-filed suit against the PTO and Myriad Genetics in May 2009. Myriad Genetics holds the patent on two genes linked with breast and ovarian cancer, BRCA1 and BRCA2.
On Monday, a federal district court judge ruled that human genes can not be patented. This is the first time a court has said that this practice is unlawful.
Myriad Genetics has already announced that it will appeal this decision. But, this is a tremendous first step in bringing an end to patents that restrict people's access to their own genetic information and interfere with their medical care.
While many have spoken out against gene patenting over the years, this lawsuit was the first to ever challenge gene patents on First Amendment grounds. The Genomics Law Report called the decision "radical and astonishing in its sweep."
Watch CBS's 60 Minutes this Sunday evening to learn more about this case.