The University of
Utah Research Foundation and a Utah company, Myriad Genetics, hold
contentious patents on two human genes: BRCA1 and BRCA2. The fact
that these genes are associated with breast and ovarian cancer is
just one point used to argue that the patents must be overturned:
open research on these genes could save lives. Another argument deals
with the legal aspect: under US law, patents cannot be made on “'laws
of nature' [or] 'products of nature'”. The ACLU and
Public Patent Foundation argue that the human genome, whether certain
genes are isolated or not, is a product of nature.
The same groups,
the ACLU and the Public Patent Foundation, are among groups asking
the Supreme Court to review these patents. So far, the lower courts
have gone back and forth about this issue. The patents have appeared
in various courts three times. The Supreme Court “is expected to
allow Myriad to respond” before deciding to take the case on.
Reference:
Dyer, C. 2012. US Supreme Court is asked to rule on validity of patents on BRCA1
and BRCA2 genes. http://www.bmj.com/content/345/bmj.e6624
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