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Human Gene Patent Challenged In Australian Court
dov_0 writes "Following a successful patent challenge in the US, an action is underway in Australia to have patents on two breast cancer genes declared invalid."
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No, it's an existing gene. The patent usually works by stating the gene in question has been determined to do x and they write the patent so it loosly covers anything that might interact with that gene to alter or manipulate its function, hence they effectivly hold a patent on the gene.
The main reason these patents were allowed was to help refund the costs of the research into these genes. By forcing researchers, drug companies, ect. to license the use of the gene, it helped the initial team of researchers/parent company recover the money they sunk into finding the gene.
The implication of this ruling is a loss of profitability via research. Whether this is actually the case or not will be determined by time.
"Our goal each year should be to increase the number of goals we set for ourselves!"
I doubt it. The vast majority of basic biology research was done without patenting that knowledge and trying to sell it in some way, which is sort of what Myriad Genetics was trying to do. There are grants for basic research, the point of that is to fund research which was important but not directly profitable. If someone is saying "the only way this research will get done is if I can sell the knowledge afterwards," they are lying.
except that I've seen articles indicating that companies are patenting genes without even knowing what they do, just that it's been fully sequenced and they shoot of a patent app.