Patenting Human Genes: The Myriad Controversy
Chester S. Chuang
Golden Gate University - School of Law
Denys T. Lau
University of Illinois at Chicago - Department of Pharmacy Administration
November 12, 2010
Clinical Therapeutics, Vol. 32, No. 12, p. 2054, 2010
The controversy over human gene patents was recently reignited when a United States Federal District Court decided in March 2010 that isolated human gene sequences are not patentable. An appeal of the decision is pending, but in late October, the U.S. Department of Justice filed a friend-of-the-court brief in the case arguing that such gene sequences should not be patentable.
Because this case may eventually find its way to the U.S. Supreme Court, the ruling could have significant implications on gene-based medical therapies and the biotechnology industry at large. It is therefore important to assess both past and present contexts of this controversy, taking into account scientific research, healthcare access, and ethical concerns.
Number of Pages in PDF File: 3
Keywords: Patent, Patents, Gene, Genes, Breast Cancer, Myriad, Human
JEL Classification: I00, I10, K00, K10, K32, K39, K11Accepted Paper Series
Date posted: December 2, 2010
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