ACLU Files Suit Against the United States Patent Office for Allowing Gene Research to be Patented
The American Civil Liberties Union (ACLU) has filed suit against three parties to a patent that covers genetic testing for breast cancer. The patent is held by the University of Utah, which licenses it to Myriad Genetics. They are both named in the suit. The third party named in the suit is the US Patent and Trademark Office (USPTO) itself, for issuing the patent in the first place. All three defendants filed motions to have the case thrown out. New York District Court Judge, Robert Sweet, has ruled that the case may proceed to trial.
The background of the case surrounds the discovery of mutations of the BRCA1 and BRCA2 genes, which were identified by researchers at the University of Utah as markers of high risk for breast and ovarian cancer. The University patented this information and licensed it to Myriad Genetics, which has attempted to stop academic researchers from sharing research results gained through use of this information.
Patent suits usually challenge on the grounds that a patent was awarded despite the fact that the discovery did not meet patent requirements of being new and non-obvious. The suit by the ACLU is unusual, in that it challenges the whole notion of awarding patents for genes as unconstitutional. The ACLU asserts that patents should not be allowed to grant ownership rights over "products of nature, laws of nature, natural phenomenon, basic human knowledge and thought." They also claim that the potential of the patents to stifle further research is unconstitutional as well; section 8, clause 8 of the constitution directs congress to "promote the Progress of Science and the useful Arts."
Now that the motions for dismissal have been denied, the defendants will have to submit arguments against a summary judgment in the plaintiff's favor. The outcome of this dispute will have long-lasting implications for gene-based health care and for the future course of biomedical research. Find out more about this case and its implications for biomedical research, by visiting Judge refuses to block lawsuit over patenting genetic tests.
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