Patenting Human Genes: The Myriad Controversy

Clinical Therapeutics, Vol. 32, No. 12, p. 2054, 2010

3 Pages Posted: 2 Dec 2010

See all articles by Chester S. Chuang

Chester S. Chuang

Golden Gate University - School of Law

Denys T. Lau

University of Illinois at Chicago - Department of Pharmacy Administration

Date Written: November 12, 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.

Keywords: Patent, Patents, Gene, Genes, Breast Cancer, Myriad, Human

JEL Classification: I00, I10, K00, K10, K32, K39, K11

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: https://ssrn.com/abstract=1717991

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

Do you have a job opening that you would like to promote on SSRN?

Paper statistics

Downloads
182
Abstract Views
1,591
rank
227,150
PlumX Metrics