By Brandon Keim February 4, 2010
Federal court hearings continued Tuesday on a lawsuit that could transform biotechnology in the United States by eliminating gene patents.
The case hinges around the claims of Utah-based Myriad Genetics on BRCA1 and BRCA2, a pair of genes closely linked to breast and ovarian cancer. Myriad “owns” the genes, and says its patents make it possible to profit on diagnostic tests. The company argues that if you remove the patents, the tests — indeed, commercial biotechnology as we know it — will vanish.
A coalition of civil rights, research and women’s health groups is fighting the patents. They argue that Myriad’s claims stifle innovation by discouraging researchers from looking at the genes, which are still not fully understood, and say Myriad’s monopoly limits women’s health choices. More broadly, the claims set a precedent for other gene patents, which now cover about one-fifth of the human genome.
“Allowing patents on genetic material imposes real and severe limits on scientific research, learning and the free flow of information,” said Chris Hansen, an attorney with the America Civil Liberties Union, in a press release.
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