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Human Gene Patent Challenged In Australian Court

Posted by kdawson on from the if-they-can-patent-leather dept.

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."

14 of 90 comments (clear)

  1. May be missing the point of the patent system by Drakkenmensch · · Score: 4, Interesting

    Aren't patents supposed to protect inventions rather than just discoveries of something that exists already? Or are they claiming that they created those breast cancer genes in labs and forcefully injected it in their test subjects?

    1. Re:May be missing the point of the patent system by confused+one · · Score: 5, Informative

      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.

    2. Re:May be missing the point of the patent system by Random2 · · Score: 3, Informative

      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!"
    3. Re:May be missing the point of the patent system by davester666 · · Score: 4, Funny

      Yes. Now float off my lawn.

      --
      Sleep your way to a whiter smile...date a dentist!
    4. Re:May be missing the point of the patent system by interkin3tic · · Score: 3, Informative

      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.

    5. Re:May be missing the point of the patent system by DrgnDancer · · Score: 3, Insightful

      I think the argument that I would make (and most reasonable people who are not entirely against the whole concept of patents) is that it would be perfectly reasonable to patent the drug you developed to fight Breast Cancer based upon your discovery of this gene. Patenting the gene itself is not reasonable. I cannot patent my discovery that steam forced into a confined space can turn temperature energy into kinetic energy. I can patent the steam engine I built based on this realization. I cannot patent my discovery that these specific proteins in combination result in a Breast Cancer gene. I can patent the drug I synthesized to combat breast Cancer based on this gene's construction.

      --
      I don't need a million points of light, just two points of multi-mode fiber and a 10 Gig-E router.
    6. Re:May be missing the point of the patent system by meerling · · Score: 3, Informative

      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.

    7. Re:May be missing the point of the patent system by robotkid · · Score: 3, Interesting

      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.

      Yes, but you are looking at the wrong end of the drug pipeline. The ultimate goal of said research is for actual therapies and treatments to be invented, which can then enjoy patent protection. Patenting the gene itself creates a highly restrictive environment where only those with agreements with the patent holder can even consider embarking on the (much more costly and difficult) search for a treatment.

      There are researchers in the community, BTW, that are now legally barred from working on disease treatments for genes they discovered because they felt it was unreasonable to patent and restrict access to it, only to find out that patent troll biotech companies had read their work and successfully patented the same information and are now suing for compensation. So think about before you generalize on the hypothetical research implications of patentability, this is happening now.

  2. Investors Flee the Scene by eldavojohn · · Score: 3, Interesting

    Look at their stock in the last month and then look down at related companies on that page and see how every single company in that industry has suffered stock prices plummeting in the last month. Not saying it's a bad thing or that these patents shouldn't be overturned but it was pretty obvious. Just to prepare everyone, you will see a short term drop in research devoted to identifying cancer genes unless it's government backed with your tax dollars.

    --
    My work here is dung.
    1. Re:Investors Flee the Scene by confused+one · · Score: 4, Insightful

      A little voice in the back of my mind is saying that cancer research is something that should be backed with my tax dollars, such that they are.

  3. Good by geekoid · · Score: 3, Insightful

    This shit won't end well if people are allowed to patent genes.
    The methods for finding genes? sure, medications you can make from studying genes? sure. Genes? no.

    A company is more then welcomes to keep there findings as a trade secret. It's a pretty shitting thing to do in an industry founded on sharing.

    --
    The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
  4. Patents... by Pojut · · Score: 3, Interesting

    Patents are a great idea, but the whole concept has been completely raped. The USPTO awards many patents that have no business being granted, and many applicants try to make their claims as broad as possible.

    "But if we only claim what we invented, we won't make as much money!" The entire purpose is to protect what you invent, fuckwads. Stop stifling innovation by creating a pencil but applying for a patent that attempts to cover any tool used to write.

    --
    Living With a Nerd
  5. ip law is a failure by circletimessquare · · Score: 3, Interesting

    the idea that you create a temporary monopoly (which seems to get less temporary every day) in order to encourage the creation of arts and technology has costs which outweigh the supposed benefit. for those who actually create, there are ancillary revenue streams which require no such legal protection

    its time to completely trash ip law. all of it. copyrights, patents: trash it, all of it

    --
    intellectual property law is philosophically incoherent. it is your moral duty to ignore it or sabotage it
  6. No.... by copponex · · Score: 5, Insightful

    Government dollars are for difficult projects that improve our lives, like trillion dollar wars, multi million dollar arms sales to future enemies we'll fight in trillion dollar wars, and so forth.

    Easy things like cancer research that carry zero benefit for the population at large should be privately owned forever by unaccountable tyrannies. Not only do we spend billions of dollars on erectile dysfunction research and marketing instead of cancer, but the drug companies also get to spend two to four times more money for marketing than research, which results in lots of awesome TV commercials.

    It's a win-win!