Victory! ACLU Wins Gene Patenting Case

Victory! ACLU Wins Gene Patenting Case

Last week, federal district court Judge Robert Sweet made history by issuing the first ruling ever that human genes can't be patented. The ruling follows a lawsuit brought by a group of patients and scientists represented by the ACLU and the Public Patent Foundation (PUBPAT).

The ACLU's and PUBPAT's lawsuit was against Myriad Genetics and the University of Utah Research Foundation, which hold the patents on the BRCA genes, as well the U.S. Patent and Trademark Office (USPTO). The suit charged that the challenged patents are illegal and restrict both scientific research and patients' access to medical care, and that patents on human genes violate the First Amendment and patent law.

The specific patents the ACLU had challenged are on the BRCA1 and BRCA2 genes. Mutations along the BRCA1 and BRCA2 genes are responsible for most cases of hereditary breast and ovarian cancers. Myriad's monopoly on the BRCA genes makes it impossible for women to access alternate tests or get a second opinion about their results -- allowing Myriad to charge a high rate for their tests.

The precedent-setting ruling marks the first time a court has found patents on genes unlawful and calls into question the validity of patents now held on approximately 2,000 human genes.

Because the ACLU's lawsuit challenges the whole notion of gene patenting, its outcome could have far-reaching effects beyond the patents on the BRCA genes. Approximately 20 percent of all human genes are patented, including genes associated with Alzheimer's disease, muscular dystrophy, colon cancer, asthma and many other illnesses.

"This ruling is a victory for the free flow of ideas in scientific research," said Chris Hansen, a staff attorney with the ACLU First Amendment Working Group. "The human genome -- like the structure of blood, air or water -- was discovered, not created. There is an endless amount of information on genes that begs for further discovery, and gene patents put up unacceptable barriers to the free exchange of ideas."

ENDS

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