US federal district court ruled yesterday that patents on human genes can be challenged in court. This unlocks a lawsuit filed by the American Civil Liberties Union (ACLU) and the Public Patent Foundation (PUBPAT).
The lawsuit was filed against the patenting of two human genes associated with breast and ovarian cancer. The lawsuit targeted the US Patent and Trademark Office, biotechnology company Myriad Genetics, and the University of Utah, which holds the patents on the two genes (IPW, Biodiversity/Genetic Resources/Biotech, 29 October 2009).
“We hope this challenge is the beginning of the end to patents on genes, which limit scientific research, learning and the free flow of information,” said Chris Hansen, a staff attorney with the ACLU First Amendment Working Group, in a press release. “No one should be able to patent a part of the human body.”
“We look forward to proving in court that human gene patents should never have been granted in the first place,” said Daniel B. Ravicher, executive director of PUBPAT.
Read the court opinion here (pdf).
One creates an idea, writes a book , devise a new technology and you wish to be compensated. I am in full agreement.
I take exception to finding genetic sequences in human, plant, or the animal kingdom and laying claim to them as if you were the creator.
There is another name for that and it is called Theft and Copyright Infringement to the Highest Order.