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Tag Archives: gene patent
Gene Patents, Angelina Jolie, and Reality
By Dr. Hans Sauer, J.D., Deputy General Counsel for Intellectual Property, Biotechnology Industry Organization Angelina Jolie recently announced her personal connection with breast cancer and Myriad’s BRCA genetic test. While Jolie’s post was a commendable personal account of the real world impact of breast cancer and the real world impact of developments in healthcare technology, a few less informed individuals have tried to take advantage of this recent announcement from stardom and spread misinformation. Let’s Read More >
Gene Patents: Common Sense from Down Under
Oh, crikey! The U.S. Supreme Court is currently reviewing briefs to consider whether preparations of DNA molecules are patentable. Possibly unnoticed to the Justices is a recent decision from the Federal Court of Australia confirming the patentability of ‘isolated’ DNA. The Supreme Court may not take any notice of this Australian case, but those following so-called gene patents can learn a lot from the no-nonsense approach of Aussie patent law. The Australian case focuses its Read More >
Whole Genome Sequencing and Myriad Supreme Court Case: Nothing to See Here
Bio IT World just published an article stating that the Myriad Supreme Court case will have little to no effect on whole genome sequencing. “As WGS involves determining the sequence of an individual’s entire genome, there is concern in many quarters that WGS could violate essentially every patent covering an isolated human DNA sequence—of which there are thousands. Indeed, this concern has been raised by scholars, policy analysts and lawyers, including before the Federal Circuit Read More >
AMP v. Myriad: BIO Statement on Federal Circuit (Re)Decision
BIO released the following statement on the Federal Circuit’s decision in the AMP v. Myriad case on remand from the Supreme Court to reconsider in light of Mayo v. Prometheus. “Today’s decision by the U.S. Court of Appeals for the Federal Circuit confirms long-standing law under which valuable DNA preparations, bacterial enzymes, plant-derived antibiotics and other industrially and medically useful substances can be considered for patenting. Such patents have long provided critical incentives for expensive Read More >
The U.S. Government’s Position in ACLU v. Myriad Genetics
Hans Sauer, BIO’s Deputy General Counsel for Intellectual Property, comments on the Department of Justice’s brief and oral argument in the Myriad “gene patent” case. Read his guest collumn on IPWatchdog. I have often wondered why the DOJ showed up out of nowhere two years ago, and started pressing legal theories that are contrary to decades of U.S. government policy and established patent law, and that would potentially invalidate thousands of patents to DNA molecules, enzymes, Read More >
