"You Can't Patent Nature"
March 31, 2010 12:53 PM Subscribe
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A US District Court has ruled
that Myriad Genetic's patents on breast cancer genes BRCA1 and BRCA2, which allow them to hold exclusive rights
to a widely used genetic test for inherited breast and ovarian cancer susceptibility, are invalid
. Genomics Law Report analyzes the ruling
in two posts
. The decision is likely to be challenged in a legal appeal — but if upheld, it could have huge implications for the biotechnology industry.
Biotech stocks tumbled
after the announcement
Fortune's Daily Brainstorm blog asks, "Is the DNA Patent Dead?
GenomeBoy: After the Gold Rush
Tuesday’s decision, if upheld, could have wide repercussions for the multi-billion dollar biotech industry, which is built on more than 40,000 gene patents. Already, about 20 percent of the human genes have been patented. The decision, however, is not binding on other federal courts and other judges may or may not abide by it. But it does the set the stage for years of litigation over other gene patents. Myriad Genetics plans to appeal the judgment.
AOL Daily Finance: "After a U.S. District Court ruling yesterday, women in America may soon be able to get the same access to inexpensive, verifiable gene-testing for breast cancer that women in Europe currently enjoy."