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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

Abstract:     
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, K11

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Date posted: December 2, 2010  

Suggested Citation

Chuang, Chester S. and Lau, Denys T., Patenting Human Genes: The Myriad Controversy (November 12, 2010). Clinical Therapeutics, Vol. 32, No. 12, p. 2054, 2010. Available at SSRN: http://ssrn.com/abstract=1717991

Contact Information

Chester S. Chuang (Contact Author)
Golden Gate University - School of Law ( email )
536 Mission Street
San Francisco, CA 94105
United States
415-442-6534 (Phone)
Denys T. Lau
University of Illinois at Chicago - Department of Pharmacy Administration ( email )
United States
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