The Government is Wrong: The Case for Human Gene Patents and the Genomics Revolution

Abstract

When a U.S. district court invalidated the patents on two isolated genes that are strong indicators of a risk of breast cancer, the government intervened in the case, taking an unusual political interest in the case. The case is now before the Supreme Court again (for the second time). This short article, from 2010, argued against the government's position there, and the arguments are still salient today, as the Supreme Court prepares to take up the case.

Keywords: Myriad Genetics, diagnostics, patents, subject matter, human DNA, breast cancer, BRCA I, BRCA II, BRCA, gene, genetic, intellectual property, Association for Molecular Patenting, USPTO, U.S. Patent and Trademark Office, PTO