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Human genome: US Supreme Court hears patents case
2013-05-01
 

IP News

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Human genome: US Supreme Court hears patents case

2013-05-01

The US Supreme Court has heard arguments questioning whether the human genome can be claimed as intellectual property.

The case relates to a lawsuit filed by the American Civil Liberties Union in 2009, and centres on whether companies should be able to patent genes.

US authorities have been awarding patents on genes to universities and medical companies for almost 30 years.

The case may have far-reaching repercussions for future gene research.

Currently, researchers and private companies work to isolate genes in order to use them in tests for gene-related illnesses, and in emerging gene therapies.

According to researchers at Weill Cornell Medical College in the US, patents now cover some 40% of the human genome.

The ACLU lawsuit, filed in conjunction with the Public Patent Foundation, relates to seven patents on two human genes held by US firm Myriad Genetics.

The genes are linked to breast and ovarian cancer, and Myriad has developed a test to look for mutations in these genes that may increase the risk of developing cancer.

The company argues that the genes patented were "isolated" by them, making them products of human ingenuity and therefore patentable.

The ACLU rejects this argument, saying that genes are products of nature, and therefore can't be patented under US laws.

Speaking immediately after the hearing, the ACLU's lawyer, Christopher Hansen, said: "Myriad did not invent the human genes at issue in this case, and they should not be allowed to patent them.

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(BBC News.com, World News)

 

 

(These latest Intellectual Property (IP) news and events presented here,are prepared and compiled by us,the World Patent & Trademark Law Office (WPTO),for your reference and information)