How human genes become patented (CNN) {lawsuit by ACLU!}

[eppur_se_muova]

By Elizabeth Landau
CNN

(CNN) -- Here's a little-known fact: Under current law, it's possible to hold a patent on a piece of human DNA, otherwise known as a gene.

Companies that have acquired patents for genes have specific rights to their use, which may include diagnostic tests based on those genes, as well as future mutations that are discovered.

In a new lawsuit, the American Civil Liberties Union and Yeshiva University allege that the policy is unconstitutional.

The targets of the lawsuit, Myriad Genetics and the University of Utah Research Foundation, hold patents to BRCA1 and BRCA2, the genes responsible for many cases of hereditary breast and ovarian cancers.

The U.S. Patent and Trademark Office is also named in the suit.
***
more: http://www.cnn.com/2009/HEALTH/05/13/genes.patent.myriad/index.html

[WeDidIt]

1. Patents go to the public domain relatively quickly

Besides, wouldn't already existing genes be considered prior art?

[Why Syzygy]

4. The Health forum thread

gives more details. I think the courts will rule that this meets the guidelines of an un-patentable "products of nature or laws of nature".

[Why Syzygy]

2. Related Health forum thread:

http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=222x59519
(NYT's coverage)

[eppur_se_muova]

5. Thanks. Too late to rec. :^( nt

[QueenOfCalifornia]

3. I wonder if

I am guilty of a patent crime? Are my genes breaking the law?

Damn it.