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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsSupreme Court Rules Human Genes May Not Be Patented
WASHINGTON Human genes may not be patented, the Supreme Court ruled on Thursday.
A naturally occurring DNA segment is a product of nature and not patent eligible merely because it has been isolated, Justice Clarence Thomas wrote for a unanimous court. But manipulating a gene to create something not found in nature is an invention eligible for patent protection.
The case concerned patents held by Myriad Genetics, a Utah company, on genes that correlate with increased risk of hereditary breast and ovarian cancer.
The central question for the justices in the case, Association for Molecular Pathology v. Myriad Genetics, No. 12-398, was whether isolated genes are products of nature that may not be patented or human-made inventions eligible for patent protection.
The patents were challenged by scientists and doctors who said their research and ability to help patients had been frustrated.
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http://www.nytimes.com/2013/06/14/us/supreme-court-rules-human-genes-may-not-be-patented.html?_r=0
Puzzledtraveller
(5,937 posts)kenny blankenship
(15,689 posts)whether left or right.
Duer 157099
(17,742 posts)I hope they kick that into high gear right away
liberal_at_heart
(12,081 posts)surrealAmerican
(11,360 posts)k & r
rhett o rick
(55,981 posts)proverbialwisdom
(4,959 posts)PRESS RELEASE
June 13, 2013, 12:36 p.m. EDT
Breast Cancer Action Wins: SCOTUS Overturns Human Gene Patents
SAN FRANCISCO, CABreast Cancer Action (BCAction), the respected watchdog of the breast cancer movement, celebrates a landmark victory at the Supreme Court with todays ruling that patents on DNA are invalid. BCAction joined genetic counselors, researchers, and individual patients in this historic case challenging bio-tech giant Myriad Genetics patents on the BRCA1 &2 genes, commonly referred to as the breast cancer genes. The case, first filed in 2009, was argued before the Court by the American Civil Liberties Union (ACLU) in April.
With todays ruling, BCAction has won a watershed health victory for women. BCAction Executive Director Karuna Jaggar, called the ruling a tremendous victory for women with a known or suspected inherited risk of breast cancer. Breast Cancer Action, our members and supporters have experienced firsthand the harms of Myriads monopoly on the BRCA genes. Today, the Court righted a wrong and has put patients health before corporate profits.
The importance of this ruling is far-reaching for breast cancer and for all of us who care about corporate control of our genes. In the fast-paced, ever-changing landscape of cancer research, access to genomic information is vital, Jaggar stated.
One of the single greatest barriers to breast cancer research, improved testing, new diagnostic tools and targeted therapies related to the BRCA genes was today struck down, said Jaggar. Women will now have access to new tests, at lower cost, and will be able for the first time to get second opinions.
While the Court ruled that genetic DNA is not patentable, the finding that complementary DNA (cDNA) may be patentable does not diminish the impact for patients. Laboratories can conduct genetic testing without using cDNA and this means that Myriad no longer holds a monopoly on the BRCA genes and all naturally occurring variations and mutations of these human genes.
Myriads patents on the BRCA genes gave them exclusive rights to genetic testing to determine increased risk of developing breast and ovarian cancer, as well as some other cancers. This ruling ends Myriads monopoly, Jaggar stated.
Breast Cancer Action has a strong reputation for effective corporate campaigns. Jaggar stated: Todays ruling puts corporations on notice. Breast Cancer Action has always worked to shift the balance of power from corporate profits to public health. We work to meet the needs of women living with and at risk of breast cancer and this decision does just that: both for women today and for future generations of women.
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Breast Cancer Action www.bcaction.org is a national non-profit education and advocacy organization refuses to accept corporate funding from companies or organizations that profit from or contribute to the breast cancer epidemic.
TheKentuckian
(25,023 posts)proverbialwisdom
(4,959 posts)Terrific coverage.
Friday, June 14, 2013
Breast Cancer Patients Declare Victory as Supreme Court Bars Patenting of Human Genes
TRANSCRIPT AND VIDEO
GUESTS:
Judge Robert Sweet, senior federal judge for the Southern District of New York. He ruled against Myriad Genetics in 2010 and invalidated their patents on the BRCA1 and 2 genes in a case that ultimately made it to the Supreme Court.
Sandra Park, senior attorney with the ACLUs Womens Rights Project. Shes one of the lead counsels in the Supreme Court case on gene patenting.
Lisbeth Ceriani, one of the plaintiffs in the ACLU lawsuit. In May 2008, she was diagnosed with an aggressive form of breast cancer. Her oncologist noted she was also at high risk for developing ovarian cancer and recommended she get the BRCA genetic test. However, due to patent laws, the test was prohibitively expensive even though she was insured by MassHealth at the time.
proverbialwisdom
(4,959 posts)Breast Cancer Action coined the term pinkwashing as part of our Think Before You Pink® campaign.
http://thinkbeforeyoupink.org/?page_id=2
http://thinkbeforeyoupink.org/?page_id=6
MORE: http://www.sfchronicle.com/health/article/Breast-Cancer-Action-s-Barbara-Brenner-dies-4520124.php