[Ip-health] U.S. Says Genes Should Not Be Eligible for Patents

Joana Ramos jdr at ramoslink.info
Sat Oct 30 08:11:20 PDT 2010


Andrew Pollack
October 29, 2010

Reversing a longstanding policy, the federal government said on Friday 
that human and other genes should not be eligible for patents because 
they are part of nature. The new position could have a huge impact on 
medicine and on the biotechnology industry.

Document: Friend-of-the-Court Brief (pdf)

The new position was declared in a friend-of-the-court brief filed by 
the Department of Justice late Friday in a case involving two human 
genes linked to breast and ovarian cancer.

“We acknowledge that this conclusion is contrary to the longstanding 
practice of the Patent and Trademark Office, as well as the practice of 
the National Institutes of Health and other government agencies that 
have in the past sought and obtained patents for isolated genomic DNA,” 
the brief said.

It is not clear if the position in the legal brief, which appears to 
have been the result of discussions among various government agencies, 
will be put into effect by the Patent Office.............

Joana Ramos, MSW
Cancer Resources & Advocacy
Seattle WA USA

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