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US District Judge Rules Gene Patents Invalid

Posted by samzenpus on from the base-pairs-want-to-be-free dept.

shriphani writes "A US judge has ruled that Myriad Genetics' breast cancer gene patent is invalid. Hopefully this will go a long way in ensuring that patents on genes do not stand in the way of research. From the article: 'Patents on genes associated with hereditary breast and ovarian cancer are invalid, ruled a New York federal court today. The precedent-setting ruling marks the first time a court has found patents on genes unlawful and calls into question the validity of patents now held on approximately 2,000 human genes.'"

4 of 263 comments (clear)

  1. Monsanto by Anarki2004 · · Score: 5, Interesting

    I would like to see something similar happen to Monsanto's patents.

    --
    The teachers will crack any minute, purple monkey dishwasher.
    1. Re:Monsanto by Bruha · · Score: 4, Interesting

      I think it should be illegal though. If you have a farm next door to a patented crop, bees cross polinate, and then monsanto is knocking on your door.

      In essence their patent is viral in nature.

  2. I'm glad and all... by JorDan+Clock · · Score: 4, Interesting

    But I'm kind of upset that we live in a society that we have to tell someone "No, you cannot have exclusive rights to a natural occurrence." Worse yet, this "patent" prevented anyone from even looking at the gene, whether it was for diagnostic or research purposes.

  3. The US Supreme Court ruling by pearl298 · · Score: 4, Interesting

    The US Supreme Court ruling used the term "anything under the sun that is made by man".

    The essence of this lawsuit is that the natural genes were "discovered" not "made by man".

    In other words these patents were invalid under existing law. Nothing new here, bad patents have been around since King James (the gay King of England and Scotland).