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Court Ruling on BRCA Case
A federal appeals court today partially reversed a lower court's ruling
in a case challenging patents on two human genes, BRCA1 and BRCA2,
associated with hereditary breast and ovarian cancer. The court ruled
that companies can obtain patents on the genes but cannot patent methods
to compare those gene sequences. The lawsuit, Association for Molecular
Pathology, et al. v. Myriad Genetics, Inc., charged that the
challenged patents are illegal and restrict both scientific research and
patients' access to medical care, and that patents on human genes
violate the First Amendment and patent law because genes are "products
of nature."
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