Gene Patents Invalidated

April 9 2010

Considering that we've posted new gene-related patents and patent applications in our monthly reports since April 2003, you'd think we'd be in disagreement with the NY district court's March 29, 2010 opinion.

Not so, we say. Why? Our answer is found in the article itself:

"The United States Patent Office (USPTO) has issued several gene patents giving extensive control over BRCA1 and BRCA2 beast cancer genes to Myriad Genetics and the University of Utah Research Foundation. The patents also contained some broad claims to diagnostic methods. The patents prevent others from testing for these genes or developing alternative tests, which makes it practically impossible for women to use another company or get an outside second opinion about test results. Myriad thus is the only laboratory in the United States where commercial diagnostic testing can be performed. Moreover, the tests are expensive – Myriad has charged a relatively high rate (over $3,000) for the tests, which places them out of the reach of many."

What say you? Please let us know.

Category: Open to Debate
Filed under: Government/Legislation; Patents/IP