Slashdot Mirror
US Court Sides With Gene Patents
ananyo writes "Gene patents have been upheld in a landmark case over two genes associated with hereditary forms of breast and ovarian cancer. The lawsuit against Myriad Genetics, a diagnostic company based in Salt Lake City, Utah, that holds patents on the genes BRCA1 and BRCA2, has bounced from court to court since 2010. In a 2-1 decision today, a federal appeals court reaffirmed their latest decision that genes represent patent-eligible matter. As noted before on Slashdot, the case will have major implications for cancer researchers, patients and drug makers."
US Supreme Court precedent still holds that patents are invalid where they reiterate the 'laws of nature". This lower court ruling simply found, in another hearing of the case, that the two patents held by Myriad fail to meet the reiteration test. The lower court was directed to consider this rule as a guiding principle. They have done so. This does not preclude further appeal; however, given the very narrow nature of the ruling it is unlikely to have "major implications for cancer researchers, patients and drug makers."
Certainly, it contributes to the body of common law; however, I don't believe there is deep policy significance in this latest ruling. The beauty of law is its ambiguity.
Hopefully in the rest of the world, things will be more sane.
And what happens if you reproduce with somebody who has these genes? Will they be able to sue you over your children, the way Monsanto sues people over corn?