A few weeks ago, Krystyna posted a very interesting article about biotechnology companies owning patents on specific genes. The controversy, and subsequent lawsuit, arose not out of patents on treatments based upon research on the genes, but rather ownership of patents on the genes themselves. Many legal and medical experts contend that since genes are products of nature and are not an invention, they are not patentable. On the other side, genetic research companies and their supporters insist that the patents provide the incentive for the research and isolation of the genes, which requires scientific innovation which must be protected. Without this incentive, the diagnostic tests and treatments would be never be discovered in the first place, they argue. Interestingly enough, 60 Minutes on CBS did a piece on this very subject last Sunday evening.

Now, it appears that the bio-tech industry lost a major battle recently when a U.S. District court ruled that genes are products of nature, not inventions and thus are not patentable.  It is important to note that the ruling only applies to a specific patent on a specific gene owned by a specific company and does not affect any of the other 20,000 patents owned on human genes. However, it is an important development and could signal a trend against genetic patents. The bio-tech company that lost the court battle, Myriad Genetics, intends to appeal and there is a good chance this will go to the Supreme Court. Whatever the ruling, it will have a profound impact on medical care in the future as more and more treatments are based on the human genome.

Posted by Anish on April 6, 2010 at 9:00 am.