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NATURE belongs to all of us. That was the idea underlying a ruling by a New York court last week, which declared that patents on two genes linked to breast cancer are invalid. The landmark decision casts doubt on the future of patents on 2000 other human genes.
The American Civil Liberties Union (ACLU), which brought the case, said the victory would prevent holders of gene patents from cashing in on monopolies over molecules such as DNA. Because they occur in nature they do not qualify as patentable inventions, the court said. 鈥淭he human genome, like the structure of blood, air or water, was discovered, not created,鈥� Chris Hansen, an attorney with the ACLU, said after the ruling.
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The patents that were challenged cover variants of two genes, BRCA1 and BRCA2, which help predict a woman鈥檚 chances of developing breast cancer. Myriad Genetics of Salt Lake City, Utah, which owns the patents and has developed tests that identify women at risk, says it will challenge the ruling.