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Tag Archives: Gene Patents
The Justness of Gene Patents
Most of the biotechnology world awaits the U.S. Supreme Court’s answer to the Question Presented, “Are human genes patentable,” in the Association of Molecular Pathologists et al. v. Myriad Genetics case. Claims to “human genes” have a canonical form that has been developed over the thirty years during which “genes” (human or otherwise) have been patented under U.S. law: An isolated nucleic acid having a nucleotide sequence that encodes a protein having an amino acid Read More >
Australian Senate Committee Recommends Against Banning ‘Gene Patents’
The Australian Senate Legal and Constitutional Affairs Legislation Committee recommended against the Patent Amendment (Human Genes and Biological Materials) which would have banned DNA patents in Australia. The push by members of the Australian Senate seemed to mirror efforts in the United States surrounding the Myriad case. The Committee found that: “While previous inquiries and public discussions have focused on the patenting of human genes, the Bill goes further and proposes a specific exclusion for biological materials which Read More >
Myriad Genetics’ actions justify a ban on gene patents?
The following information was provided by Myriad’s General Counsel during his presentation on the subject during a recent BIO IP conference: In order to develop and then ensure the widest possible distribution of the Myriad BRCA diagnostic test, Myriad needed to make the initial discovery, educate the medical community on the values of personalized medicine (the BRCA test), convince insurance companies to cover the test, and educate the patient community. All of these activities took Read More >
Banning Gene Patents Will Promote Innovation?
Abolishing gene patents will deter, not promote, innovation, as the patent eligibility of isolated DNA molecules provides incentives necessary for development of life-enhancing diagnostics and therapeutics. R&D to identify genes, their sequences, genetic variations, and their disease correlation is very costly. Claims like those of the patents at issue in the Myriad Genetics lawsuit have been a key foundation supporting the massive investment of time and capital that is necessary to bring life-enhancing DNA-based diagnostics Read More >
Debunking the Myth: ‘Gene Patents’ are not necessary for healthcare innovation.
Myth: ‘Gene Patents’ are not necessary for health care innovation. Facts: Patents on DNA preparations or sequences are often the first patents upon which a later technology platform or portfolio is built. These patents are often in-licensed from universities by small start-up companies for the purpose of additional R&D, evidencing that the public/non-profit university sector cannot bear alone the cost of development of these inventions into useful products. It is precisely these types of early-stage companies Read More >
