Genes Patent Invalidated by U.S. Judge

What started out as a brash idea created in a management move within an Australian Bio research company, the patent of human genes gathered momentum amongst Bio research organisations around the World. You may recall our blog item "Genes Patent: Your Body, but Who are the Owners? (April 5, 2009)
A local Australian Bio research company, Gene Technologies, had engaged in a U.S. partnership concern with Myriad, keen to evaluate DNA genes into common research. Meanwhile, the Australian Government had engaged a Senate inquiry in an examination of the ownership of Genes used by companies to claim ownership by including them in their product patent.
Intellectual property law was brought into question whether commercial organisations could claim it was a 'right' to register a patent on human genes as part of their protected company property.
Now, a U.S. Federal District Judge in a Manhattan Court, has ruled that patents held by Myriad Genetics, concerning Breast Cancer Genes, BRCA1 and BRCA2, were invalid.
Judge Robert Sweet anticipated a negative reaction from Bio tech industry in his 152 page ruling, discounting fears invalidating such patents would decimate the industry. Because the case could be decided with patent law, Judge Sweet did not look at the challenge on First Amendment grounds and dismissed them without prejudice.
Federal Government inquiries held around Australia, heard from a Breast Cancer sufferer express concern about the impact gene patenting could have on research. During 2009, Melbourne-based Genetic Technologies asked hospitals to stop testing for breast cancer genes because it owned the patent for genetic mutation and tests.
Shadow Minister for Health and Ageing Peter Dutton, MP. advised the Federal Government Senate inquiry decision had now been delayed unto June 17, 2010.
Health Consumer Advocates will keep the pressure on Government and Intellectual Property Research authorities to arrive at a sensible decision. As we have asked previously, "Your Body, but Who are the Owners?
Acknowledgment: nytimes.com; theage.com.au; wikipedia.org; Senate Standing Committee on Community Affairs. Geoff.