Judge OKs Challenge to Patents on Human Genes

News Type: Event — Seeded on Tue Nov 3, 2009 9:58 AM EST

Article Source: Wired News

A federal judge ruled Monday that a lawsuit can move forward against the Patent and Trademark Office and the research company that was awarded exclusive rights to human genes known to detect early signs of breast and ovarian cancer.

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{"commentId":10443831,"authorDomain":"jcatom"}

JCAtom

According to the plaintiffs — dozens of patients and researchers — the genes cannot be patented because they exist as naturally occurring products of nature. The suit claims Myriad did not invent, create or in any way construct or engineer the genes. Rather, Myriad located them in nature and described their information content as it exists and functions in nature, the suit claims.

From a comment...

If the defendants win this suit, I’m applying for a patent for gravity. All I’ll have to do is explain how it “exists and functions in nature.” Any physics grad students want to buy in?

{"commentId":10443831,"threadId":"715535","contentId":"3455679","authorDomain":"jcatom"}

8 votes

#1 - Tue Nov 3, 2009 10:02 AM EST

{"commentId":10444565,"authorDomain":"mimehunter"}

Concerned Citizen-1303521

I'm glad that this can finally be held tried in court. I have trepidations leaning either way on the subject, and intend to follow this closely.

As an aside, if that commenter can actually explain gravity that fits a subatomic model, I would let him patent it =)

{"commentId":10444565,"threadId":"715535","contentId":"3455679","authorDomain":"mimehunter"}

4 votes

#1.1 - Tue Nov 3, 2009 10:37 AM EST

{"commentId":10444998,"authorDomain":"Decurion505"}

Decurion_505

Gravity acts as a function of mass. At the subatomic level mass is so low that the effect of gravity is negligible even in such close proximity (relative). However, in conjunction w/ the strong nuclear force it is sufficient to overcome the electromagnetic repulsion of proton v. proton, thus giving rise to nuclei. Now, PAY UP Livermore!

To the actual topic at hand, the unbridled chutzpah of outfits like Myriad to think they could actually patent naturally occuring human genetic material is beyond the pale. This would be like J. Paul Getty claiming he invented petroleum. Do the right thing Judge, knock these corporate yoyos off their perch

{"commentId":10444998,"threadId":"715535","contentId":"3455679","authorDomain":"Decurion505"}

4 votes

#1.2 - Tue Nov 3, 2009 11:00 AM EST

{"commentId":10445848,"authorDomain":"jimi"}

jimi

Yes! It is about damn time this was challenged!

{"commentId":10445848,"threadId":"715535","contentId":"3455679","authorDomain":"jimi"}

6 votes

#1.3 - Tue Nov 3, 2009 11:41 AM EST

{"commentId":10446530,"authorDomain":"harleymyke"}

Time Lord

Aye...it's one thing to patent a new process for identifying or reassembling genes, quite another for patenting the gene itself.

If I understood the article correctly, the judge at this point is not going to rule on the "validity" (or absurdity) of patenting the gene itself. He allows that to be a given. He is simply allowing the defense (ACLU) an opportunity to demonstrate how this patent infringes on first amendment rights.

This could prove to be a challenge. It's like trying to win an arguement of logic when the arguement it'self is predicated on a false premise. How is that going to work?

{"commentId":10446530,"threadId":"715535","contentId":"3455679","authorDomain":"harleymyke"}

2 votes

#1.4 - Tue Nov 3, 2009 12:16 PM EST

{"commentId":10447252,"authorDomain":"davebg8r"}

FL Independent

Its about time someone with some intelligence challenged this. Now hopefully the judge has some intelligence as well.

{"commentId":10447252,"threadId":"715535","contentId":"3455679","authorDomain":"davebg8r"}

2 votes

#1.5 - Tue Nov 3, 2009 12:46 PM EST

{"commentId":10444034,"authorDomain":"chrisp986"}

Csp

I get to patent Thermodynamics!!!!! the way I figure it...the Oil companies owe me BIGTIME!

{"commentId":10444034,"threadId":"715535","contentId":"3455679","authorDomain":"chrisp986"}

5 votes

#2 - Tue Nov 3, 2009 10:12 AM EST

{"commentId":10446892,"authorDomain":"boonsorama"}

boons_orama-131388

I've just patented Oxygen.

Pay up!

{"commentId":10446892,"threadId":"715535","contentId":"3455679","authorDomain":"boonsorama"}

2 votes

#2.1 - Tue Nov 3, 2009 12:32 PM EST

{"commentId":10447276,"authorDomain":"davebg8r"}

FL Independent

I have patented the atom and the electromagnetic spectrum. All your everything belong to me.

{"commentId":10447276,"threadId":"715535","contentId":"3455679","authorDomain":"davebg8r"}

3 votes

#2.2 - Tue Nov 3, 2009 12:47 PM EST

{"commentId":10445316,"authorDomain":"kylen"}

KyleN

I understand patenting the technique or method of examining the gene but not the actual gene. As long as these other research groups invent new methods it should be not only ok but encouraged, that's how progress is made. Though people wanting to simply duplicate the original people's work and sell a new product - that should be protected against.

{"commentId":10445316,"threadId":"715535","contentId":"3455679","authorDomain":"kylen"}

1 vote

#3 - Tue Nov 3, 2009 11:15 AM EST

{"commentId":10445515,"authorDomain":"mightyblogger"}

Pacific Northwest Blogger

Genes are biological, inherited, what's in us wasn't created in a lab by man and should be legally viewed as both public domain and personal. The common genes public domain, the one's that make us who we are, personal property - period.

{"commentId":10445515,"threadId":"715535","contentId":"3455679","authorDomain":"mightyblogger"}

3 votes

#4 - Tue Nov 3, 2009 11:25 AM EST

{"commentId":10446527,"authorDomain":"rollins720"}

Tdon

Be careful, sooner or later we will have to be referring to each other as numerical symbols because our own names will be patented. That will be how you can tell the rich from the poor in the future, by ownership of a name. This makes me sick, a college preventing people from perfecting a technique that would allow for early detection of a problem that affects millions of people in their lifetime. Some oath these doctors took. "Lets see, make the people come and pray at our footsteps for 3000$ a pop to tell them they are going to die. MWAHAHAHHHAHAHHAHAHAHHA, here Satan have a cocktail weenie. We cut it off the fat of the consumer, we own their genes; so I guess that makes us God. I'm Wayne Brady, B!tch." I only hope hell has enough space for the corporate medical folks; where cures to their myriad of illnesses are just out of reach. Greed is a deadly sin; where as charity is a virtue that goes along with helping your fellow man.

Sorry for the rant but when does the ownership of words and phrases and in this case Genes stop. One day someone will own everything in a little room and be surrounded by other rooms full of people that just want to get close to a possessions. Those people will be the judges and politicians and bureaucrats of the spawning world, where life can extend to infinity so new people are just organ fodder and slaves.

{"commentId":10446527,"threadId":"715535","contentId":"3455679","authorDomain":"rollins720"}

2 votes

#5 - Tue Nov 3, 2009 12:15 PM EST

{"commentId":10446933,"authorDomain":"boonsorama"}

boons_orama-131388

Today someone wants to patent a gene. Tomorrow what, arms? Legs? We'll have to pay royalties to companies just for living!

{"commentId":10446933,"threadId":"715535","contentId":"3455679","authorDomain":"boonsorama"}

1 vote

#5.1 - Tue Nov 3, 2009 12:34 PM EST

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JCATOM

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Judge OKs Challenge to Patents on Human Genes

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