Gene Patents held invalid in US


Gene Patents held invalid in US

A judge in the US has ruled that human gene patents are invalid, apparently on the basis that the extraction of a gene is not an invention or discovery.   As this is a district court ruling, expect appeals. The patents the subject of the litigation were for breast cancer genes BRCA1 and BRCA2.  There was a kerfuffle about these in Australia a year or two back, the upshot of which was that (if I remember correctly??) they were licensed royalty free in Australia by the holder of the exclusive rights over the patent rights here.   Invalid in the US doesn’t mean invalid in Australia, but it may take pressure off Australia going down the wrong track in awarding patents.

See ACLU Press Release for more.

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