Lawsuit Against Patented Human Genes Advances

Wired is reporting that on Monday a federal judge ruled that a lawsuit can move forward against the PTO and a research company that won exclusive rights to human genes known to be useful in early detection of cancer. "[The lawsuit] claims that the patents violate free speech by restricting research. US District Judge Robert W. Sweet of New York, in ruling that the case may proceed to trial, noted that the litigation might open the door to challenges of a host of other patented genes. About one-fifth of the human genome is covered under patent applications and claims. ... The case against the patent office and patent-holder Myriad Genetics of Salt Lake City is the first to challenge a patented gene under a civil rights allegation — in this case the First Amendment."