Firm Claims Exclusive Right To Test Patented Genes

Tabercil writes: "Well, here's one for those who insist that human genes shouldn't be patented, as it seems to vindicate them. According to the Toronto Star, a U.S. firm (Myriad Genetics Laboratories) has patented two genes which lead to a greater likelihood of cancer. Now it's sending out cease and desist notices for other entities testing for the gene, insisting that only they can properly test for the gene."

Comments

Re:What exactly is patented?

[peter hoffman]

Unfortunately, that is not so. You apparently can patent discoveries (as opposed to inventions) if you find a previously unknown use for them.

In this example, the two genes were discovered and then a new use for them (detecting cancer) was found. Hence, patentability.

Not only is this definition of patentability questionable from a public good perspective (which is the reason the patent system exists) but there is a land rush going on in that scientifically dubious uses for gene sequences are being claimed for the sole purpose of scaring other reasearchers away from that bit of genetic real estate.