Federal appeals court allows patents of human genes News
Federal appeals court allows patents of human genes
Photo source or description

[JURIST] The Court of Appeals for the Federal Circuit [official website] on Friday ruled 2-1 [opinion, PDF] that patents held on two genes linked to hereditary ovarian and breast cancer are valid. The American Civil Liberties Union (ACLU) and the Public Patent Foundation (PUBPAT) [advocacy websites] originally filed [JURIST report] the suit on behalf of patients and scientists challenging patents held by Myriad Genetics [corporate website] on the BRCA genes [NCI backgrounder]. Myriad Genetics appealed the lower court decision that found the patents to be invalid [JURIST report]. Federal Appeals Judge Alan Lourie [official profile] wrote in the majority opinion:

The ability to visualize a DNA molecule through a microscope, or by any other means, when it is bonded to other genetic material, is worlds apart from possessing an isolated DNA molecule that is in hand and usable. It is the difference between knowledge of nature and reducing a portion of nature to concrete form, the latter activity being what the patent laws seek to encourage and protect.

The majority, however, ruled that Myriad Genetics may not patent its method of determining whether a gene had mutations because the analysis consists of non-patentable “abstract mental steps.” The case may appear before the Supreme Court if appealed.

The court’s decision countered the position held by the Obama administration, which submitted an amicus curie brief [text, PDF] in support of the ACLU and PUBPAT. Nevertheless, the US Patent and Trademark Office [official website] has issued patents for genes for decades. Such patents cover nearly 2,000 human genes and genetic research companies hold patents to approximately 20 percent of the human genetic code. Many of the patented genes are associated with diseases such as Alzheimer’s and cancer. Supporters of the decision argue that restricting patents on human genes would decrease the amount of genetic research performed by the public sector because it would no longer be profitable for companies to study human genes. Currently, the holder of a gene patent can prevent others from studying the gene and can also develop testing for specific genetic mutations, which they can then market without direct competition.

THIS DAY @ LAW

Pope Urban II sparks First Crusade

Pope Urban II threw his support behind what would become the First Crusade on November 27, 1095 during the Council of Clairmont. The Pope urged the council's participants to render aid to the Byzantine Empire, which was being attacked by the Seljuks. Pope Urban called for a wide coalition of rich and poor to combat the threat, which eventually resulted in the conquest of much of the Muslim-controlled Levant by the Crusaders and the establishment of the Crusader States. Read Pope Urban's address.  

Catholic Code of Canon Law revised

On November 27, 1983, the revised Code of Canon Law of the Roman Catholic Church went into effect. Learn more about the history of Canon Law from Professor Kenneth Pennington of the Catholic University of America's Columbus School of Law.

Alfred Nobel creates Nobel Prize in his will

On November 27, 1895, Alfred Nobel signed his will, creating the Nobel Prize. Learn more about the history of the Nobel Prize and the Nobel Commission.