The question of to what extent genes are patentable will be argued before the Supreme Court on April 15. The Supreme Court’s decision in Association for Molecular Pathology v. Myriad Genetics may finally settle a long-standing controversy. This whole brouhaha has to do with U.S. Patent Nos. 5,747,282; 5,837,492; 5,693,473; 5,709,999; 5,710,001; 5,753,441; 6,033,857.  The composition claims […]

In a 2-1 decision, the Federal Circuit upheld that companies can patent genes but decided that they cannot patent methods to compare the gene sequences. The Federal Circuit handed down a decision on the Myriad Genetics appeal from the decision of the US District Court holding that a gaggle of medical organizations, researchers, genetic counselors, […]

The Intellectual Property Owners Association (IPO) an amicus curiae brief in the AMP v. USPTO and Myriad Genetics case, a lawsuit challenging patents covering diagnostic tests for mutations in genes.  In the district court, the University of Utah and Myriad Genetics lost in a U.S. court ruling over patents for detecting inherited breast cancer related […]

Earlier, the American Civil Liberties Union (ACLU), the Public Patent Foundation (PUBPAT), and a whole gaggle of others filed a lawsuit challenging patents covering diagnostic tests for mutations in genes.   Association for Molecular Pathology, et al. v. United States Patent and Trademark Office, et al. On March 29, 2010, the University of Utah and Myriad […]

On March 29, 2010, the University of Utah and Myriad Genetics Inc. lost a U.S. court ruling over some of its patents for detecting inherited breast cancer related to the genes BRCA1 and BRCA2.  The 152-page decision, which addresses questions about whether human genes should be subject to patent protection, could have major ramifications for […]

Association for Molecular Pathology, et al. v. U.S. Patent and Trademark Office, et al., a suit by the American Civil Liberties Union and joined by the Public Patent Foundation, challenges the patentability of gene patents on two human genes associated with breast and ovarian cancer.  Along with claims that the patents are illegal, the group […]

A federal district court said that the ACLU et al. suit challenging the patentability of gene patents can go forward. The American Civil Liberties Union (ACLU), the Public Patent Foundation (PUBPAT), and a whole host of others have filed a lawsuit challenging patents on two human genes associated with breast and ovarian cancer claiming that […]

The NIH Office of Biotechnology Activities (OBA) tries to promote science, safety, and ethics in biotechnology through advancement of knowledge, enhancement of public understanding, and development of public policies. The OBA manages the Secretary’s Advisory Committee on Genetics, Health, and Society (SACGHS), which advises the Secretary of Health and Human Services on the broad range […]