Introduction. Patenting DNA still suggests to many that human genes are commodities. VICTORY! The controversy over human gene patents was reignited in March 2010 when a US Federal District Court decided that isolated human gene sequences are not patentable. A decade ago, US law said human genes were patentable -- which meant patent holders had the right to stop anyone from sequencing, testing or even looking at a patented gene. 1 An appeal is pending, and the US Department of Justice has just filed a friend-of-the-court brief in the case arguing that such gene sequences should not be patentable. It's an equation that troubled Suzanne Holland, associate professor of religion at University of Puget Sound and affiliate associate professor in medical history and ethics at the University of Washington School of Medicine. A demonstrator stands outside the U.S. Supreme Court on April 15, 2013, as the justices prepared to hear arguments on the highly charged issue of whether human genes can be patented. Patenting of specific human genes constitutes a threat to basic science and should not be allowed, a legal scholar and ethicist said at the Law School recently. Patenting Human Genes: May 31, 2013 • Volume 23, Issue 20: Should the Supreme Court uphold patents on human genes? By Kenneth Jost. Troubled by the way this law both harmed patients and created a barrier to biomedical innovation, Tania Simoncelli and her colleagues at the ACLU challenged it. On June 13, 2013, the U.S. Supreme Court unanimously invalidated the patents on BRCA 1 and BRCA 2.Learn more about the ACLU Supreme Court challenge to patenting our genes at The Fight to Take Back Our Genes.Read more about the BRCA Supreme Court case, Association for Molecular Pathology v. Myriad Genetics, here.
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